§ 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.

   (11)  All  eligible  telecommunications  carriers must securely retain
   subscriber  documentation  that  the ETC reviewed to verify subscriber
   eligibility, for the purposes of production during audits or investigations
   or to the extent required by NLAD processes, which require, inter alia,
   verification of eligibility, identity, address, and age.

   (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 12968 , Mar. 2, 2012, as amended at  80 FR 40935 , July 14, 2015]

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