§  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.

   (b) Initial income-based eligibility determination. (1) Except where a
   state Lifeline administrator or other state agency is responsible for
   the initial determination of a subscriber's eligibility, when a
   prospective subscriber seeks to qualify for Lifeline or using the
   income-based eligibility criteria provided for in §  54.409(a)(1) or
   (a)(3) an eligible telecommunications carrier:

   (i) Must not seek reimbursement for providing Lifeline to a subscriber,
   unless the carrier has received a certification of eligibility from the
   prospective subscriber that complies with the requirements set forth in
   paragraph (d) of this section and has confirmed the subscriber's
   income-based eligibility using the following procedures:

   (A) If an eligible telecommunications carrier can determine a
   prospective subscriber's income-based eligibility by accessing one or
   more databases containing information regarding the subscriber's income
   ("income databases"), the eligible telecommunications carrier must
   access such income databases and determine whether the prospective
   subscriber qualifies for Lifeline.

   (B) If an eligible telecommunications carrier cannot determine a
   prospective subscriber's income-based eligibility by accessing income
   databases, the eligible telecommunications carrier must review
   documentation that establishes that the prospective subscriber meets
   the income-eligibility criteria set forth in §  54.409(a)(1) or (a)(3).
   Acceptable documentation of income eligibility includes the prior
   year's state, federal, or Tribal tax return; current income statement
   from an employer or paycheck stub; a Social Security statement of
   benefits; a Veterans Administration statement of benefits; a
   retirement/pension statement of benefits; an Unemployment/Workers'
   Compensation statement of benefit; federal or Tribal notice letter of
   participation in General Assistance; or a divorce decree, child support
   award, or other official document containing income information. If the
   prospective subscriber presents documentation of income that does not
   cover a full year, such as current pay stubs, the prospective
   subscriber must present the same type of documentation covering three
   consecutive months within the previous twelve months.

   (ii) Must not retain copies of the documentation of a prospective
   subscriber's income-based eligibility for Lifeline.

   (iii) Must, consistent with §  54.417, keep and maintain accurate
   records detailing the data source a carrier used to determine a
   subscriber's eligibility or the documentation a subscriber provided to
   demonstrate his or her eligibility for Lifeline.

   (2) Where a state Lifeline administrator or other state agency is
   responsible for the initial determination of a subscriber's
   eligibility, an eligible telecommunications carrier must not seek
   reimbursement for providing Lifeline service to a subscriber, based on
   that subscriber's income eligibility, unless the carrier has received
   from the state Lifeline administrator or other state agency:

   (i) Notice that the prospective subscriber meets the income-eligibility
   criteria set forth in §  54.409(a)(1) or (a)(3); and

   (ii) A copy of the subscriber's certification that complies with the
   requirements set forth in paragraph (d) of this section.

   (c) Initial program-based eligibility determination. (1) Except in
   states where a state Lifeline administrator or other state agency is
   responsible for the initial determination of a subscriber's
   program-based eligibility, when a prospective subscriber seeks to
   qualify for Lifeline service using the program-based criteria set forth
   in §  54.409(a)(2), (a)(3) or (b), an eligible telecommunications
   carrier:

   (i) Must not seek reimbursement for providing Lifeline to a subscriber
   unless the carrier has received a certification of eligibility from the
   subscriber that complies with the requirements set forth in paragraph
   (d) of this section and has confirmed the subscriber's program-based
   eligibility using the following procedures:

   (A) If the eligible telecommunications carrier can determine a
   prospective subscriber's program-based eligibility for Lifeline by
   accessing one or more databases containing information regarding
   enrollment in qualifying assistance programs ("eligibility databases"),
   the eligible telecommunications carrier must access such eligibility
   databases to determine whether the prospective subscriber qualifies for
   Lifeline based on participation in a qualifying assistance program; or

   (B) If an eligible telecommunications carrier cannot determine a
   prospective subscriber's program-based eligibility for Lifeline by
   accessing eligibility databases, the eligible telecommunications
   carrier must review documentation demonstrating that a prospective
   subscriber qualifies for Lifeline under the program-based eligibility
   requirements. Acceptable documentation of program eligibility includes
   the current or prior year's statement of benefits from a qualifying
   assistance program, a notice or letter of participation in a qualifying
   assistance program, program participation documents, or another
   official document demonstrating that the prospective subscriber, one or
   more of the prospective subscriber's dependents or the prospective
   subscriber's household receives benefits from a qualifying assistance
   program.

   (ii) Must not retain copies of the documentation of a subscriber's
   program-based eligibility for Lifeline services.

   (iii) Must, consistent with §  54.417, keep and maintain accurate
   records detailing the data source a carrier used to determine a
   subscriber's program-based eligibility or the documentation a
   subscriber provided to demonstrate his or her eligibility for Lifeline.

   (2) Where a state Lifeline administrator or other state agency is
   responsible for the initial determination of a subscriber's
   eligibility, when a prospective subscriber seeks to qualify for
   Lifeline service using the program-based eligibility criteria provided
   in §  54.409, an eligible telecommunications carrier must not seek
   reimbursement for providing Lifeline to a subscriber unless the carrier
   has received from the state Lifeline administrator or other state
   agency:

   (i) Notice that the subscriber meets the program-based eligibility
   criteria set forth in § §  54.409(a)(2), (a)(3) or (b); and

   (ii) a copy of the subscriber's certification that complies with the
   requirements set forth in paragraph (d) of this section.

   (d) Eligibility certifications. Eligible telecommunications carriers
   and state Lifeline administrators or other state agencies that are
   responsible for the initial determination of a subscriber's eligibility
   for Lifeline must provide prospective subscribers Lifeline
   certification forms that in clear, easily understood language:

   (1) Provide the following information:

   (i) Lifeline is a federal benefit and that willfully making false
   statements to obtain the benefit can result in fines, imprisonment,
   de-enrollment or being barred from the program;

   (ii) Only one Lifeline service is available per household;

   (iii) A household is defined, for purposes of the Lifeline program, as
   any individual or group of individuals who live together at the same
   address and share income and expenses;

   (iv) A household is not permitted to receive Lifeline benefits from
   multiple providers;

   (v) Violation of the one-per-household limitation constitutes a
   violation of the Commission's rules and will result in the subscriber's
   de-enrollment from the program; and

   (vi) Lifeline is a non-transferable benefit and the subscriber may not
   transfer his or her benefit to any other person.

   (2) Require each prospective subscriber to provide the following
   information:

   (i) The subscriber's full name;

   (ii) The subscriber's full residential address;

   (iii) Whether the subscriber's residential address is permanent or
   temporary;

   (iv) The subscriber's billing address, if different from the
   subscriber's residential address;

   (v) The subscriber's date of birth;

   (vi) The last four digits of the subscriber's social security number,
   or the subscriber's Tribal identification number, if the subscriber is
   a member of a Tribal nation and does not have a social security number;

   (vii) If the subscriber is seeking to qualify for Lifeline under the
   program-based criteria, as set forth in §  54.409, the name of the
   qualifying assistance program from which the subscriber, his or her
   dependents, or his or her household receives benefits; and

   (viii) If the subscriber is seeking to qualify for Lifeline under the
   income-based criterion, as set forth in §  54.409, the number of
   individuals in his or her household.

   (3) Require each prospective subscriber to certify, under penalty of
   perjury, that:

   (i) The subscriber meets the income-based or program-based eligibility
   criteria for receiving Lifeline, provided in §  54.409;

   (ii) The subscriber will notify the carrier within 30 days if for any
   reason he or she no longer satisfies the criteria for receiving
   Lifeline including, as relevant, if the subscriber no longer meets the
   income-based or program-based criteria for receiving Lifeline support,
   the subscriber is receiving more than one Lifeline benefit, or another
   member of the subscriber's household is receiving a Lifeline benefit.

   (iii) If the subscriber is seeking to qualify for Lifeline as an
   eligible resident of Tribal lands, he or she lives on Tribal lands, as
   defined in 54.400(e);

   (iv) If the subscriber moves to a new address, he or she will provide
   that new address to the eligible telecommunications carrier within 30
   days;

   (v) If the subscriber provided a temporary residential address to the
   eligible telecommunications carrier, he or she will be required to
   verify his or her temporary residential address every 90 days;

   (vi) The subscriber's household will receive only one Lifeline service
   and, to the best of his or her knowledge, the subscriber's household is
   not already receiving a Lifeline service;

   (vii) The information contained in the subscriber's certification form
   is true and correct to the best of his or her knowledge,

   (viii) The subscriber acknowledges that providing false or fraudulent
   information to receive Lifeline benefits is punishable by law; and

   (ix) The subscriber acknowledges that the subscriber may be required to
   re-certify his or her continued eligibility for Lifeline at any time,
   and the subscriber's failure to re-certify as to his or her continued
   eligibility will result in de-enrollment and the termination of the
   subscriber's Lifeline benefits pursuant to §  54.405(e)(4).

   (e) State Lifeline administrators or other state agencies that are
   responsible for the initial determination of a subscriber's eligibility
   for Lifeline must provide each eligible telecommunications carrier with
   a copy of each of the certification forms collected by the state
   Lifeline administrator or other state agency from that carrier's
   subscribers.

   (f) Annual eligibility re-certification process. (1) All eligible
   telecommunications carriers must annually re-certify all subscribers
   except for subscribers in states where a state Lifeline administrator
   or other state agency is responsible for re-certification of
   subscribers' Lifeline eligibility.

   (2) In order to re-certify a subscriber's eligibility, an eligible
   telecommunications carrier must confirm a subscriber's current
   eligibility to receive Lifeline by:

   (i) Querying the appropriate eligibility databases, confirming that the
   subscriber still meets the program-based eligibility requirements for
   Lifeline, and documenting the results of that review; or

   (ii) Querying the appropriate income databases, confirming that the
   subscriber continues to meet the income-based eligibility requirements
   for Lifeline, and documenting the results of that review; or

   (iii) Obtaining a signed certification from the subscriber that meets
   the certification requirements in paragraph (d) of this section.

   (3) Where a state Lifeline administrator or other state agency is
   responsible for re-certification of a subscriber's Lifeline
   eligibility, the state Lifeline administrator or other state agency
   must confirm a subscriber's current eligibility to receive a Lifeline
   service by:

   (i) Querying the appropriate eligibility databases, confirming that the
   subscriber still meets the program-based eligibility requirements for
   Lifeline, and documenting the results of that review; or

   (ii) Querying the appropriate income databases, confirming that the
   subscriber continues to meet the income-based eligibility requirements
   for Lifeline, and documenting the results of that review; or

   (iii) Obtaining a signed certification from the subscriber that meets
   the certification requirements in paragraph (d) of this section.

   (4) Where a state Lifeline administrator or other state agency is
   responsible for re-certification of subscribers' Lifeline eligibility,
   the state Lifeline administrator or other state agency must provide to
   each eligible telecommunications carrier the results of its annual
   re-certification efforts with respect to that eligible
   telecommunications carrier's subscribers.

   (5) If an eligible telecommunications carrier is unable to re-certify a
   subscriber or has been notified of a state Lifeline administrator's or
   other state agency's inability to re-certify a subscriber, the eligible
   telecommunications carrier must comply with the de-enrollment
   requirements provided for in §  54.405(e)(4).

   (g) Re-certification of temporary address. An eligible
   telecommunications carrier must re-certify, every 90 days, the
   residential address of each of its subscribers who have provided a
   temporary address as part of the subscriber's initial certification or
   re-certification of eligibility, pursuant to paragraphs (d), (e), or
   (f) of this section.

   [ 77 FR 12970 , Mar. 2, 2012, as amended at  77 FR 38534 , June 28, 2012;
    78 FR 40970 , July 9, 2013]

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