§  54.320   Compliance and recordkeeping for the high-cost program.

   (a) Eligible telecommunications carriers authorized to receive
   universal service high-cost support are subject to random compliance
   audits and other investigations to ensure compliance with program rules
   and orders.

   (b) All eligible telecommunications carriers shall retain all records
   required to demonstrate to auditors that the support received was
   consistent with the universal service high-cost program rules. This
   documentation must be maintained for at least ten years from the
   receipt of funding. All such documents shall be made available upon
   request to the Commission and any of its Bureaus or Offices, the
   Administrator, and their respective auditors.

   (c) Eligible telecommunications carriers authorized to receive
   high-cost support that fail to comply with public interest obligations
   or any other terms and conditions may be subject to further action,
   including the Commission's existing enforcement procedures and
   penalties, reductions in support amounts, potential revocation of ETC
   designation, and suspension or debarment pursuant to §  54.8.

   [ 76 FR 73876 , Nov. 29, 2011]

   return arrow Back to Top

Subpart E--Universal Service Support for Low-Income Consumers

   return arrow Back to Top

54.400   Terms and definitions.

   As used in this subpart, the following terms shall be defined as
   follows:

   (a) Qualifying low-income consumer. A "qualifying low-income consumer"
   is a consumer who meets the qualifications for Lifeline, as specified
   in §  54.409.

   (b) Toll blocking service. "Toll blocking service" is a service
   provided by an eligible telecommunications carrier that lets
   subscribers elect not to allow the completion of outgoing toll calls
   from their telecommunications channel.

   (c) Toll control service. "Toll control service" is a service provided
   by an eligible telecommunications carrier that allows subscribers to
   specify a certain amount of toll usage that may be incurred on their
   telecommunications channel per month or per billing cycle.

   (d) Toll limitation service. "Toll limitation service" denotes either
   toll blocking service or toll control service for eligible
   telecommunications carriers that are incapable of providing both
   services. For eligible telecommunications carriers that are capable of
   providing both services, "toll limitation service" denotes both toll
   blocking service and toll control service.

   (e) Eligible resident of Tribal lands. An "eligible resident of Tribal
   lands" is a "qualifying low-income consumer," as defined in paragraph
   (a) of this section, living on Tribal lands. For purposes of this
   subpart, "Tribal lands" include any federally recognized Indian tribe's
   reservation, pueblo, or colony, including former reservations in
   Oklahoma; Alaska Native regions established pursuant to the Alaska
   Native Claims Settlement Act (85 Stat. 688); Indian allotments;
   Hawaiian Home Lands--areas held in trust for Native Hawaiians by the
   state of Hawaii, pursuant to the Hawaiian Homes Commission Act, 1920
   July 9, 1921, 42 Stat. 108, et. seq., as amended; and any land
   designated as such by the Commission for purposes of this subpart
   pursuant to the designation process in §  54.412.

   (f) Income. "Income" is all income actually received by all members of
   a household. This includes salary before deductions for taxes, public
   assistance benefits, social security payments, pensions, unemployment
   compensation, veteran's benefits, inheritances, alimony, child support
   payments, worker's compensation benefits, gifts, lottery winnings, and
   the like. The only exceptions are student financial aid, military
   housing and cost-of-living allowances, irregular income from occasional
   small jobs such as baby-sitting or lawn mowing, and the like.

   (g) Duplicative support. "Duplicative support" exists when a Lifeline
   subscriber is receiving two or more Lifeline services concurrently or
   two or more subscribers in a household are receiving Lifeline services
   or Tribal Link Up support concurrently.

   (h) Household. A "household" is any individual or group of individuals
   who are living together at the same address as one economic unit. A
   household may include related and unrelated persons. An "economic unit"
   consists of all adult individuals contributing to and sharing in the
   income and expenses of a household. An adult is any person eighteen
   years or older. If an adult has no or minimal income, and lives with
   someone who provides financial support to him/her, both people shall be
   considered part of the same household. Children under the age of
   eighteen living with their parents or guardians are considered to be
   part of the same household as their parents or guardians.

   (i) National Lifeline Accountability Database or Database. The
   "National Lifeline Accountability Database" or "Database" is an
   electronic system, with associated functions, processes, policies and
   procedures, to facilitate the detection and elimination of duplicative
   support, as directed by the Commission.

   (j) Qualifying assistance program. A "qualifying assistance program"
   means any of the federal, state, or Tribal assistance programs
   participation in which, pursuant to §  54.409(a) or (b), qualifies a
   consumer for Lifeline service, including Medicaid; Supplemental
   Nutrition Assistance Program; Supplemental Security Income; Federal
   Public Housing Assistance (Section 8); Low-Income Home Energy
   Assistance Program; National School Lunch Program's free lunch program;
   Temporary Assistance for Needy Families; Bureau of Indian Affairs
   general assistance; Tribally administered Temporary Assistance for
   Needy Families (Tribal TANF); Head Start (only those households meeting
   its income qualifying standard); or the Food Distribution Program on
   Indian Reservations (FDPIR), and with respect to the residents of any
   particular state, any other program so designated by that state
   pursuant to §  54.409(a).

   [ 77 FR 12966 , Mar. 2, 2012]

   return arrow Back to Top