Lifeline and Link Up Modernization and Reform, 40968-40970 [2013-16490]
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Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Rules and Regulations
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
Applicable geographic
or nonattainment area
Name of SIP provision
*
*
Infrastructure for 2006 PM2.5
NAAQS.
*
*
Statewide, except for
Bernalillo County and
Indian country.
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2013–0190; FRL–9830–8]
Notice of Extension of Deadline to
Commence Construction Under Clean
Air Act Prevention of Significant
Deterioration Permit Issued to Avenal
Power Center, LLC
Environmental Protection
Agency (EPA).
ACTION: Notice of final action.
AGENCY:
This notice announces that
the U.S. Environmental Protection
Agency (‘‘EPA’’) has extended the
Prevention of Significant Deterioration
(‘‘PSD’’) permit deadline for
commencing construction for a final
Clean Air Act PSD permit that
authorizes Avenal Power Center, LLC
(‘‘APC’’) to construct the Avenal Energy
Project (‘‘AEP’’). The AEP is to be
located in Kings County, California.
DATES: EPA’s PSD permit for the AEP
became effective on August 18, 2011,
and included a deadline for
commencing construction of February
18, 2013. Prior to February 18, 2013,
APC requested an 18-month extension
of the deadline for commencing
construction under the PSD permit for
the AEP. EPA has granted such an
extension until August 18, 2014.
Pursuant to section 307(b)(1) of the
Clean Air Act, 42 U.S.C. 7607(b)(1),
judicial review of this extension
decision may be sought by filing a
petition for review in the United States
Court of Appeals for the Ninth Circuit
by September 9, 2013.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2013–0190 for
this action. Generally, documents in the
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
16:51 Jul 08, 2013
*
6/12/2009
*
[FR Doc. 2013–16345 Filed 7–8–13; 8:45 am]
VerDate Mar<15>2010
State submittal/
effective date
Jkt 229001
*
EPA approval date
Explanation
*
*
7/9/2013 [Insert FR page number where document begins].
*
1/22/2013, (78 FR 4337):
Approval for 110(a)(2)(A),
(B), (C), (D)(i)(II) (PSD
portion), (D)(ii), (E), (F),
(G), (H), (J), (K), (L), and
(M). 7/9/2013, ([Insert FR
page number where document begins]): Approval
for 110(a)(2)(D)(i)(I).
*
docket for this action are available
electronically at https://
www.regulations.gov and in hard copy
at the following address: U.S.
Environmental Protection Agency,
Region IX, 75 Hawthorne Street, San
Francisco, CA 94105–3901. See
SUPPLEMENTARY INFORMATION for more
information about how to make an
appointment to view these hard copy
documents during normal business
hours at EPA Region IX’s office.
FOR FURTHER INFORMATION CONTACT:
Shirley Rivera, Air Division, U.S.
Environmental Protection Agency,
Region IX, 75 Hawthorne St., San
Francisco, CA 94105, 415–972–3966,
rivera.shirley@epa.gov.
SUPPLEMENTARY INFORMATION: The AEP,
proposed by APC, is a new 600megawatt natural gas-fired combinedcycle power plant that will be located in
Kings County, California. The PSD
permit decision issued by EPA for the
AEP became effective on August 18,
2011 as published in the Federal
Register on September 9, 2011 (76 FR
55799). In November 2011, the United
States Court of Appeals for the Ninth
Circuit received petitions for review of
EPA’s PSD permit decision for the AEP;
this Court of Appeals proceeding is
pending. In letters dated December 19,
2012 and February 15, 2013, APC
requested that EPA provide an 18month extension of the deadline for
commencing construction in the PSD
permit for the AEP. Pursuant to 40 CFR
Part 52.21(r), in a response to APC dated
June 26, 2013, EPA Region 9 determined
that a satisfactory showing justifying the
extension had been made, and EPA
extended the deadline for commencing
construction in the PSD permit for AEP
for 18 months, so that the PSD permit
will become invalid if construction of
the AEP is not commenced by August
18, 2014.
The docket for this action includes,
among other documents, EPA’s analysis
supporting this action. In addition to the
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*
*
electronic docket for this action, hard
copy versions of the docket materials
are available for public inspection
during normal business hours at the
following address: U.S. Environmental
Protection Agency, Region IX, 75
Hawthorne St., San Francisco, CA
94105. To arrange for viewing of these
documents at EPA Region IX’s office,
call Shirley Rivera at (415) 972–3966.
Due to building security procedures,
visitors should call at least 48 hours in
advance to arrange a visit.
Dated: June 26, 2013.
Deborah Jordan,
Director, Air Division, Region IX.
[FR Doc. 2013–16334 Filed 7–8–13; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket No. 11–42; DA 13–1441]
Lifeline and Link Up Modernization and
Reform
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this Order, the Wireline
Competition Bureau (Bureau)
underscores certain compliance
requirements that are contained in the
Lifeline Reform Order and its
accompanying rules. The Bureau
codifies the Commission’s requirement
that eligible telecommunications
carriers (ETCs) verify a Lifeline
subscriber’s eligibility for Lifeline
service before activating such service,
pursuant to the authority delegated in
the Lifeline Reform Order.
DATES: Effective August 8, 2013.
FOR FURTHER INFORMATION CONTACT:
Radhika Karmarkar, Wireline
Competition Bureau, (202) 418–7400 or
TTY: (202) 418–0484.
SUMMARY:
E:\FR\FM\09JYR1.SGM
09JYR1
Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Rules and Regulations
This is a
summary of the Wireline Competition
Bureau’s Order in WC Docket No. 11–
42; DA 13–1441, released on June 25,
2013. The complete text of this
document is available for inspection
and copying during normal business
hours in the FCC Reference Information
Center, Portals II, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554.
The document may also be purchased
from the Commission’s duplicating
contractor, Best Copy and Printing, Inc.
(BCPI), 445 12th Street SW., Room CY–
B402, Washington, DC 20554, telephone
(800) 378–3160 or (202) 863–2893,
facsimile (202) 863–2898, or via the
Internet at https://www.bcpiweb.com. It
is also available on the Commission’s
Web site at: https://www.fcc.gov/
document/order-codifying-requirementverify-lifeline-subscriber-eligibility.
SUPPLEMENTARY INFORMATION:
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I. Introduction
1. In this Order, the Wireline
Competition Bureau (Bureau)
underscores certain compliance
requirements that are contained in the
Lifeline Reform Order, 77 FR 12952,
March 2, 2012, and its accompanying
rules. The Bureau codifies the
Commission’s requirement that eligible
telecommunications carriers (ETCs)
verify a Lifeline subscriber’s eligibility
for Lifeline service before activating
such service, pursuant to the authority
delegated in the Lifeline Reform Order.
2. Despite the directives provided in
the Lifeline Reform Order, some ETCs
may be activating phones that they
represent enable use of Lifelinesupported service for consumers prior to
fully verifying the eligibility of such
consumers. For this reason, the Bureau
reminds ETCs that they must verify the
eligibility of a low-income consumer
prior to providing Lifeline service to
that consumer, and may not provide an
activated device intended to enable
access to Lifeline service to a consumer
until that consumer’s eligibility is fully
verified and all other necessary
enrollment steps are completed. We take
this action in pursuit of the
Commission’s goal to combat any and
all forms of waste, fraud, and abuse.
II. Discussion
3. In the Lifeline Reform Order, the
Commission adopted several rules to
ensure the eligibility of low-income
consumers for Lifeline service.
Specifically, the Commission
promulgated § 54.410(a), which requires
ETCs to ‘‘implement policies and
procedures for ensuring that their
Lifeline subscribers are eligible to
receive Lifeline services.’’ Similarly,
§ 54.416(a)(1) requires an officer of each
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16:51 Jul 08, 2013
Jkt 229001
ETC to ‘‘certify that the carrier has
policies and procedures in place to
ensure that its Lifeline subscribers are
eligible to receive Lifeline services.’’ As
discussed below, these rules, read in
conjunction with the Lifeline Reform
Order and other Commission rules,
make clear that the ETC must determine
whether a Lifeline subscriber is eligible
to receive Lifeline service, and that the
ETC must have processes and policies
in place to make the eligibility
determination prior to activating service
for that consumer.
4. Section 54.410(b) and (c) of the
Commission’s rules makes clear that
ETCs must make this eligibility
determination for ‘‘prospective
subscriber[s].’’ To give meaning to the
distinct term ‘‘Lifeline subscribers’’ in
§ 54.410(a), ‘‘prospective subscriber[s]’’
in § 54.410(b) and (c) must be
understood to require an ETC to
determine eligibility for consumers that
have not yet had Lifeline service
activated, but are merely seeking to do
so by enrolling in the ETC’s Lifeline
offering. Similarly, when an ETC holds
itself out as offering Lifeline service, as
required by § 54.405(c), a subscriber
seeking to enroll in Lifeline service with
that ETC would reasonably consider
him/herself to be a ‘‘Lifeline subscriber’’
from the moment that, for example, the
certification form is completed and the
handset is activated for voice telephony
service.
5. The framework for determining
eligibility and enrolling consumers
adopted in the Lifeline Reform Order
also demonstrates that an ETC must
determine eligibility before service
activation. The Commission stated in
the Lifeline Reform Order that ETCs
must make the required determination
of eligibility ‘‘prior to enrolling a new
subscriber in Lifeline.’’ The enrollment
process involves consumers signing up
for service and making the required
certifications via a certification form.
Prior Commission forbearance
conditions, which formed part of the
basis for the enrollment rules adopted in
the Lifeline Reform Order, prohibited
ETCs from activating service before
obtaining the required consumer
certifications. Against that backdrop, the
Lifeline Reform Order should be
understood as imposing on all ETCs the
requirement that they may not activate
Lifeline service until completing the
entire enrollment process. Because the
determination of eligibility must be
made before the enrollment process is
completed, it also must occur before the
ETC may activate any phone that the
ETC indicates will be used for Lifeline
service. We also take this opportunity to
reiterate the Commission’s rule that
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40969
Lifeline is a ‘‘non-transferable retail
service offering,’’ a fact that must be
disclosed to the consumer and included
on the certification form. We note that,
pursuant to the Lifeline Reform Order, a
Lifeline subscriber may not transfer his
or her service to any other individual,
including another eligible low-income
consumer.
6. Pursuant to §§ 54.410(a) and
54.416(a)(1) of the Commission’s rules,
an ETC must have processes and
policies in place to make the eligibility
determination prior to activating
Lifeline service for a consumer. An ETC
therefore may not provide a service that
it represents to be Lifeline service, even
on an interim basis while the
consumer’s application is being
processed, before verifying eligibility.
And in particular, an ETC may not
provide an activated handset to a
consumer whose eligibility has not been
fully verified.
7. Pursuant to the authority delegated
to the Bureau in paragraph 507 of the
Lifeline Reform Order, we codify the
requirement described above by
amending § 54.410(a) of the
Commission’s.
III. Procedural Matters
A. Paperwork Reduction Act
8. This document does not contain
proposed information collection(s)
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. In
addition, therefore, it does not contain
any new or modified information
collection burden for small business
concerns with fewer than 25 employees,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4).
B. Final Regulatory Flexibility
Certification
9. The Regulatory Flexibility Act of
1980, as amended (RFA), requires that a
regulatory flexibility analysis be
prepared for rulemaking proceedings,
unless the agency certifies that ‘‘the rule
will not have a significant economic
impact on a substantial number of small
entities.’’ The RFA generally defines
‘‘small entity’’ as having the same
meaning as the terms ‘‘small business,’’
‘‘small organization,’’ and ‘‘small
governmental jurisdiction.’’ In addition,
the term ‘‘small business’’ has the same
meaning as the term ‘‘small business
concern’’ under the Small Business Act.
A small business concern is one which:
(1) Is independently owned and
operated; (2) is not dominant in its field
of operation; and (3) satisfies any
additional criteria established by the
Small Business Administration (SBA).
E:\FR\FM\09JYR1.SGM
09JYR1
40970
Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Rules and Regulations
10. Underscoring these compliance
requirements does not create any
burdens, benefits, or requirements that
were not addressed by the Final
Regulatory Flexibility Analysis attached
to the Lifeline Reform Order. Therefore,
we certify that the requirements of this
Order will not have a significant
economic impact on a substantial
number of small entities. The
Commission will send a copy of the
Order, including a copy of this Final
Regulatory Flexibility Certification, in a
report to Congress pursuant to SBREFA.
In addition, the Order and this
certification will be sent to the Chief
Counsel for Advocacy of the SBA, and
will be published in the Federal
Register.
C. Congressional Review Act
11. The Commission will send a copy
of this Order to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act.
IV. Ordering Clauses
12. Accordingly, it is ordered that,
pursuant to the authority contained in
sections 1, 2, 4(i), 5(c), 10, 201 through
206, 214, 218 through 220, 251, 252,
254, 256, 303(r), 332, and 403 of the
Communications Act of 1934, as
amended, and section 706 of the
Telecommunications Act of 1996, 47
U.S.C. 151, 152, 154(i), 155(c), 160, 201
through 206, 214, 218 through 220, 251,
252, 254, 256, 303(r), 332, 403, 1302,
§§ 0.91, 0.291, 1.1, and 1.427 of the
Commission’s rules, 47 CFR 0.91, 0.291,
1.1, 1.427, and the delegation of
authority in paragraph 507 of FCC 12–
11, this order is adopted.
13. It is further ordered that part 54
of the Commission’s rules, 47 CFR part
54, IS amended as set forth below, and
such rule amendments shall be effective
August 8, 2013. It is further ordered that
the Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Order, including the Final
Regulatory Flexibility Certification, to
the Chief Counsel for Advocacy of the
Small Business Administration.
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List of Subjects in 47 CFR Part 54
Communications common carriers,
Reporting and recordkeeping
requirements, Telecommunications,
Telephone.
VerDate Mar<15>2010
16:51 Jul 08, 2013
Jkt 229001
Federal Communications Commission.
Amy Bender,
Deputy Chief, Telecommunications Access
Policy Division Wireline Competition Bureau.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 54 as
follows:
PART 54—UNIVERSAL SERVICE
1. The authority citation for part 54
continues to read as follows:
■
Authority: Sections 1, 4(i), 5, 201, 205, 214,
219, 220, 254, 303(r), and 403 of the
Communications Act of 1934, as amended,
and section 706 of the Communications Act
of 1996, as amended; 47 U.S.C. 151, 154(i),
155, 201, 205, 214, 219, 220, 254, 303(r), 403,
and 1302 unless otherwise noted.
2. Amend § 54.410 by revising
paragraph (a) to read as follows:
■
§ 54.410 Subscriber eligibility
determination and certification.
(a) All eligible telecommunications
carriers must implement policies and
procedures for ensuring that their
Lifeline subscribers are eligible to
receive Lifeline services. An eligible
telecommunications carrier may not
provide a consumer with an activated
device that it represents enables use of
Lifeline-supported service, nor may it
activate service that it represents to be
Lifeline service, unless and until it has:
(1) Confirmed that the consumer is a
qualifying low-income consumer
pursuant to § 54.409, and;
(2) Completed the eligibility
determination and certification required
by this section and §§ 54.404 through
54.405, and completed any other
necessary enrollment steps.
*
*
*
*
*
[FR Doc. 2013–16490 Filed 7–8–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R2–ES–2013–0004;
4500030113]
RIN 1018–AZ26
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for Six West Texas Aquatic
Invertebrates
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
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Fmt 4700
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We, the U.S. Fish and
Wildlife Service, designate critical
habitat for the following six west Texas
aquatic invertebrate species under the
Endangered Species Act of 1973, as
amended: Phantom springsnail
(Pyrgulopsis texana), Phantom tryonia
(Tryonia cheatumi), diminutive
amphipod (Gammarus hyalleloides),
Diamond tryonia (Pseudotryonia
adamantina), Gonzales tryonia (Tryonia
circumstriata), and Pecos amphipod
(Gammarus pecos). The effect of this
regulation is to conserve critical habitat
for the six west Texas aquatic
invertebrates under the Act.
DATES: This rule becomes effective
August 8, 2013.
ADDRESSES: This final rule and other
supplementary information are available
on the Internet at https://
www.regulations.gov (Docket No. FWS–
R2–ES–2013–0004) and also at https://
www.fws.gov/southwest/es/
AustinTexas/. These documents are also
available for public inspection, by
appointment, during normal business
hours at: U.S. Fish and Wildlife Service,
Austin Ecological Services Field Office,
10711 Burnet Road, Suite 200, Austin,
TX 78758; by telephone 512–490–0057;
or by facsimile 512–490–0974.
The coordinates or plot points or both
from which the critical habitat maps are
generated are included in the
administrative record for this critical
habitat designation and are available on
the internet at https://
www.regulations.gov at Docket No.
FWS–R2–ES–2013–0004, and from the
Austin Ecological Services Field Office
(see FOR FURTHER INFORMATION CONTACT).
Any additional tools or supporting
information that we developed for this
critical habitat designation will also be
available at the Fish and Wildlife
Service Web site and Field Office set out
above and at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Adam Zerrenner, Field Supervisor, U.S.
Fish and Wildlife Service, Austin
Ecological Services Field Office (see
ADDRESSES). Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Executive Summary
This document consists of final rules
to designate critical habitat designations
for six west Texas aquatic invertebrate
species. The species are: Phantom
springsnail (Pyrgulopsis texana),
Phantom tryonia (Tryonia cheatumi),
diminutive amphipod (Gammarus
hyalleloides), Diamond tryonia
E:\FR\FM\09JYR1.SGM
09JYR1
]]>Agencies
[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Rules and Regulations]
[Pages 40968-40970]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16490]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 54
[WC Docket No. 11-42; DA 13-1441]
Lifeline and Link Up Modernization and Reform
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this Order, the Wireline Competition Bureau (Bureau)
underscores certain compliance requirements that are contained in the
Lifeline Reform Order and its accompanying rules. The Bureau codifies
the Commission's requirement that eligible telecommunications carriers
(ETCs) verify a Lifeline subscriber's eligibility for Lifeline service
before activating such service, pursuant to the authority delegated in
the Lifeline Reform Order.
DATES: Effective August 8, 2013.
FOR FURTHER INFORMATION CONTACT: Radhika Karmarkar, Wireline
Competition Bureau, (202) 418-7400 or TTY: (202) 418-0484.
[[Page 40969]]
SUPPLEMENTARY INFORMATION: This is a summary of the Wireline
Competition Bureau's Order in WC Docket No. 11-42; DA 13-1441, released
on June 25, 2013. The complete text of this document is available for
inspection and copying during normal business hours in the FCC
Reference Information Center, Portals II, 445 12th Street SW., Room CY-
A257, Washington, DC 20554. The document may also be purchased from the
Commission's duplicating contractor, Best Copy and Printing, Inc.
(BCPI), 445 12th Street SW., Room CY-B402, Washington, DC 20554,
telephone (800) 378-3160 or (202) 863-2893, facsimile (202) 863-2898,
or via the Internet at https://www.bcpiweb.com. It is also available on
the Commission's Web site at: https://www.fcc.gov/document/order-codifying-requirement-verify-lifeline-subscriber-eligibility.
I. Introduction
1. In this Order, the Wireline Competition Bureau (Bureau)
underscores certain compliance requirements that are contained in the
Lifeline Reform Order, 77 FR 12952, March 2, 2012, and its accompanying
rules. The Bureau codifies the Commission's requirement that eligible
telecommunications carriers (ETCs) verify a Lifeline subscriber's
eligibility for Lifeline service before activating such service,
pursuant to the authority delegated in the Lifeline Reform Order.
2. Despite the directives provided in the Lifeline Reform Order,
some ETCs may be activating phones that they represent enable use of
Lifeline-supported service for consumers prior to fully verifying the
eligibility of such consumers. For this reason, the Bureau reminds ETCs
that they must verify the eligibility of a low-income consumer prior to
providing Lifeline service to that consumer, and may not provide an
activated device intended to enable access to Lifeline service to a
consumer until that consumer's eligibility is fully verified and all
other necessary enrollment steps are completed. We take this action in
pursuit of the Commission's goal to combat any and all forms of waste,
fraud, and abuse.
II. Discussion
3. In the Lifeline Reform Order, the Commission adopted several
rules to ensure the eligibility of low-income consumers for Lifeline
service. Specifically, the Commission promulgated Sec. 54.410(a),
which requires ETCs to ``implement policies and procedures for ensuring
that their Lifeline subscribers are eligible to receive Lifeline
services.'' Similarly, Sec. 54.416(a)(1) requires an officer of each
ETC to ``certify that the carrier has policies and procedures in place
to ensure that its Lifeline subscribers are eligible to receive
Lifeline services.'' As discussed below, these rules, read in
conjunction with the Lifeline Reform Order and other Commission rules,
make clear that the ETC must determine whether a Lifeline subscriber is
eligible to receive Lifeline service, and that the ETC must have
processes and policies in place to make the eligibility determination
prior to activating service for that consumer.
4. Section 54.410(b) and (c) of the Commission's rules makes clear
that ETCs must make this eligibility determination for ``prospective
subscriber[s].'' To give meaning to the distinct term ``Lifeline
subscribers'' in Sec. 54.410(a), ``prospective subscriber[s]'' in
Sec. 54.410(b) and (c) must be understood to require an ETC to
determine eligibility for consumers that have not yet had Lifeline
service activated, but are merely seeking to do so by enrolling in the
ETC's Lifeline offering. Similarly, when an ETC holds itself out as
offering Lifeline service, as required by Sec. 54.405(c), a subscriber
seeking to enroll in Lifeline service with that ETC would reasonably
consider him/herself to be a ``Lifeline subscriber'' from the moment
that, for example, the certification form is completed and the handset
is activated for voice telephony service.
5. The framework for determining eligibility and enrolling
consumers adopted in the Lifeline Reform Order also demonstrates that
an ETC must determine eligibility before service activation. The
Commission stated in the Lifeline Reform Order that ETCs must make the
required determination of eligibility ``prior to enrolling a new
subscriber in Lifeline.'' The enrollment process involves consumers
signing up for service and making the required certifications via a
certification form. Prior Commission forbearance conditions, which
formed part of the basis for the enrollment rules adopted in the
Lifeline Reform Order, prohibited ETCs from activating service before
obtaining the required consumer certifications. Against that backdrop,
the Lifeline Reform Order should be understood as imposing on all ETCs
the requirement that they may not activate Lifeline service until
completing the entire enrollment process. Because the determination of
eligibility must be made before the enrollment process is completed, it
also must occur before the ETC may activate any phone that the ETC
indicates will be used for Lifeline service. We also take this
opportunity to reiterate the Commission's rule that Lifeline is a
``non-transferable retail service offering,'' a fact that must be
disclosed to the consumer and included on the certification form. We
note that, pursuant to the Lifeline Reform Order, a Lifeline subscriber
may not transfer his or her service to any other individual, including
another eligible low-income consumer.
6. Pursuant to Sec. Sec. 54.410(a) and 54.416(a)(1) of the
Commission's rules, an ETC must have processes and policies in place to
make the eligibility determination prior to activating Lifeline service
for a consumer. An ETC therefore may not provide a service that it
represents to be Lifeline service, even on an interim basis while the
consumer's application is being processed, before verifying
eligibility. And in particular, an ETC may not provide an activated
handset to a consumer whose eligibility has not been fully verified.
7. Pursuant to the authority delegated to the Bureau in paragraph
507 of the Lifeline Reform Order, we codify the requirement described
above by amending Sec. 54.410(a) of the Commission's.
III. Procedural Matters
A. Paperwork Reduction Act
8. This document does not contain proposed information
collection(s) subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. In addition, therefore, it does not contain any new
or modified information collection burden for small business concerns
with fewer than 25 employees, pursuant to the Small Business Paperwork
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
B. Final Regulatory Flexibility Certification
9. The Regulatory Flexibility Act of 1980, as amended (RFA),
requires that a regulatory flexibility analysis be prepared for
rulemaking proceedings, unless the agency certifies that ``the rule
will not have a significant economic impact on a substantial number of
small entities.'' The RFA generally defines ``small entity'' as having
the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' In addition,
the term ``small business'' has the same meaning as the term ``small
business concern'' under the Small Business Act. A small business
concern is one which: (1) Is independently owned and operated; (2) is
not dominant in its field of operation; and (3) satisfies any
additional criteria established by the Small Business Administration
(SBA).
[[Page 40970]]
10. Underscoring these compliance requirements does not create any
burdens, benefits, or requirements that were not addressed by the Final
Regulatory Flexibility Analysis attached to the Lifeline Reform Order.
Therefore, we certify that the requirements of this Order will not have
a significant economic impact on a substantial number of small
entities. The Commission will send a copy of the Order, including a
copy of this Final Regulatory Flexibility Certification, in a report to
Congress pursuant to SBREFA. In addition, the Order and this
certification will be sent to the Chief Counsel for Advocacy of the
SBA, and will be published in the Federal Register.
C. Congressional Review Act
11. The Commission will send a copy of this Order to Congress and
the Government Accountability Office pursuant to the Congressional
Review Act.
IV. Ordering Clauses
12. Accordingly, it is ordered that, pursuant to the authority
contained in sections 1, 2, 4(i), 5(c), 10, 201 through 206, 214, 218
through 220, 251, 252, 254, 256, 303(r), 332, and 403 of the
Communications Act of 1934, as amended, and section 706 of the
Telecommunications Act of 1996, 47 U.S.C. 151, 152, 154(i), 155(c),
160, 201 through 206, 214, 218 through 220, 251, 252, 254, 256, 303(r),
332, 403, 1302, Sec. Sec. 0.91, 0.291, 1.1, and 1.427 of the
Commission's rules, 47 CFR 0.91, 0.291, 1.1, 1.427, and the delegation
of authority in paragraph 507 of FCC 12-11, this order is adopted.
13. It is further ordered that part 54 of the Commission's rules,
47 CFR part 54, IS amended as set forth below, and such rule amendments
shall be effective August 8, 2013. It is further ordered that the
Commission's Consumer and Governmental Affairs Bureau, Reference
Information Center, shall send a copy of this Order, including the
Final Regulatory Flexibility Certification, to the Chief Counsel for
Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 54
Communications common carriers, Reporting and recordkeeping
requirements, Telecommunications, Telephone.
Federal Communications Commission.
Amy Bender,
Deputy Chief, Telecommunications Access Policy Division Wireline
Competition Bureau.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 54 as follows:
PART 54--UNIVERSAL SERVICE
0
1. The authority citation for part 54 continues to read as follows:
Authority: Sections 1, 4(i), 5, 201, 205, 214, 219, 220, 254,
303(r), and 403 of the Communications Act of 1934, as amended, and
section 706 of the Communications Act of 1996, as amended; 47 U.S.C.
151, 154(i), 155, 201, 205, 214, 219, 220, 254, 303(r), 403, and
1302 unless otherwise noted.
0
2. Amend Sec. 54.410 by revising paragraph (a) to read as follows:
Sec. 54.410 Subscriber eligibility determination and certification.
(a) All eligible telecommunications carriers must implement
policies and procedures for ensuring that their Lifeline subscribers
are eligible to receive Lifeline services. An eligible
telecommunications carrier may not provide a consumer with an activated
device that it represents enables use of Lifeline-supported service,
nor may it activate service that it represents to be Lifeline service,
unless and until it has:
(1) Confirmed that the consumer is a qualifying low-income consumer
pursuant to Sec. 54.409, and;
(2) Completed the eligibility determination and certification
required by this section and Sec. Sec. 54.404 through 54.405, and
completed any other necessary enrollment steps.
* * * * *
[FR Doc. 2013-16490 Filed 7-8-13; 8:45 am]
BILLING CODE 6712-01-P
