§  54.404   The National Lifeline Accountability Database.

   (a) State certification. An eligible telecommunications carrier
   operating in a state that provides an approved valid certification to
   the Commission in accordance with this section is not required to
   comply with the requirements set forth in paragraphs (b) and (c) of
   this section with respect to the eligible telecommunications carriers'
   subscribers in that state. A valid certification must include a
   statement that the state has a comprehensive system in place to prevent
   duplicative federal Lifeline support that is at least as robust as the
   system adopted by the Commission and that incorporates information from
   all eligible telecommunications carriers receiving low-income support
   in the state and their subscribers. A valid certification must also
   describe in detail how the state system functions and for each
   requirement adopted by the Commission to prevent duplicative support,
   how the state system performs the equivalent functions. The
   certification must be submitted to the Commission no later than six
   months from the effective date of this section of the Commission's
   rules to be valid. Such certification will be considered approved
   unless the Wireline Competition Bureau rejects the certification within
   90 days of filing.

   (b) The National Lifeline Accountability Database. In order to receive
   Lifeline support, eligible telecommunications carriers operating in
   states that have not provided the Commission with approved valid
   certification pursuant to paragraph (a) of this section must comply
   with the following requirements:

   (1) All eligible telecommunications carriers must query the National
   Lifeline Accountability Database to determine whether a prospective
   subscriber who has executed a certification pursuant to §  54.410(d) is
   currently receiving a Lifeline service from another eligible
   telecommunications carrier; and whether anyone else living at the
   prospective subscriber's residential address is currently receiving a
   Lifeline service.

   (2) If the Database indicates that a prospective subscriber, who is not
   seeking to port his or her telephone number, is currently receiving a
   Lifeline service, the eligible telecommunications carrier must not
   provide and shall not seek or receive Lifeline reimbursement for that
   subscriber.

   (3) If the Database indicates that another individual at the
   prospective subscriber's residential address is currently receiving a
   Lifeline service, the eligible telecommunications carrier must not seek
   and will not receive Lifeline reimbursement for providing service to
   that prospective subscriber, unless the prospective subscriber has
   certified, pursuant to §  54.410(d) that to the best of his or her
   knowledge, no one in his or her household is already receiving a
   Lifeline service.

   (4) An eligible telecommunications carrier is not required to comply
   with paragraphs (b)(1) through (3) of this section if it receives
   notice from a state Lifeline administrator or other state agency that
   the administrator or other agency has queried the Database about a
   prospective subscriber and that providing the prospective subscriber
   with a Lifeline benefit would not result in duplicative support.

   (5) Eligible telecommunications carriers may query the Database only
   for the purposes provided in paragraphs (b)(1) through (b)(3) of this
   section, and to determine whether information with respect to its
   subscribers already in the Database is correct and complete.

   (6) Eligible telecommunications carriers must transmit to the Database
   in a format prescribed by the Administrator each new and existing
   Lifeline subscriber's full name; full residential address; date of
   birth and the last four digits of the subscriber's Social Security
   number or Tribal Identification number, if the subscriber is a member
   of a Tribal nation and does not have a Social Security number; the
   telephone number associated with the Lifeline service; the date on
   which the Lifeline service was initiated; the date on which the
   Lifeline service was terminated, if it has been terminated; the amount
   of support being sought for that subscriber; and the means through
   which the subscriber qualified for Lifeline.

   (7) In the event that two or more eligible telecommunications carriers
   transmit the information required by this paragraph to the Database for
   the same subscriber, only the eligible telecommunications carrier whose
   information was received and processed by the Database first, as
   determined by the Administrator, will be entitled to reimbursement from
   the Fund for that subscriber.

   (8) All eligible telecommunications carriers must update an existing
   Lifeline subscriber's information in the Database within ten business
   days of receiving any change to that information, except as described
   in paragraph (b)(10) of this section.

   (9) All eligible telecommunications carriers must obtain, from each new
   and existing subscriber, consent to transmit the subscriber's
   information. Prior to obtaining consent, the eligible
   telecommunications carrier must describe to the subscriber, using
   clear, easily understood language, the specific information being
   transmitted, that the information is being transmitted to the
   Administrator to ensure the proper administration of the Lifeline
   program, and that failure to provide consent will result in subscriber
   being denied the Lifeline service.

   (10) When an eligible telecommunications carrier de-enrolls a
   subscriber, it must transmit to the Database the date of Lifeline
   service de-enrollment within one business day of de-enrollment.

   (c) Tribal Link Up and the National Lifeline Accountability Database.
   In order to receive universal service support reimbursement for Tribal
   Link Up, eligible telecommunications carriers operating in states that
   have not provided the Commission with a valid certification pursuant to
   paragraph (a) of this section, must comply with the following
   requirements:

   (1) Such eligible telecommunications carriers must query the Database
   to determine whether a prospective Link Up recipient who has executed a
   certification pursuant to §  54.410(d) has previously received a Link Up
   benefit at the residential address provided by the prospective
   subscriber.

   (2) If the Database indicates that a prospective subscriber has
   received a Link Up benefit at the residential address provided by the
   subscriber, the eligible telecommunications provider must not seek Link
   Up reimbursement for that subscriber.

   (3) An eligible telecommunications carrier is not required to comply
   with paragraphs (c)(1) through (c)(2) of this section, if it receives
   notice from a state Lifeline administrator or other state agency that
   the administrator or other agency has queried the Database about a
   prospective subscriber and that providing the prospective subscriber
   with a Link Up benefit would not result in duplicative support or
   support to a subscriber who had already received Link Up support at
   that residential address.

   (4) All eligible telecommunications carriers must transmit to the
   Database in a format prescribed by the Administrator each new and
   existing Link Up recipient's full name; residential address; date of
   birth; and the last four digits of the subscriber's Social Security
   number, or Tribal identification number if the subscriber is a member
   of a Tribal nation and does not have a Social Security number; the
   telephone number associated with the Link Up support; and the date of
   service activation. Where two or more eligible telecommunications
   carriers transmit the information required by this paragraph to the
   Database for the same subscriber, only the eligible telecommunications
   carrier whose information was received and processed by the Database
   first, as determined by the Administrator, will be entitled to
   reimbursement from the Fund for that subscriber.

   (5) All eligible telecommunications carriers must obtain, from each new
   and existing subscriber, consent to transmit the information required
   in paragraph (c) of this section. Prior to obtaining consent, the
   eligible telecommunications carrier must describe to the subscriber,
   using clear, easily understood language, the specific information being
   transmitted, that the information is being transmitted to the
   Administrator to ensure the proper administration of the Link Up
   program, and that failure to provide consent will result in the
   subscriber being denied the Link Up benefit.

   [ 77 FR 12967 , Mar. 2, 2012]

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