§ 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  securely  retain  copies  of documentation demonstrating a
   prospective subscriber's income-based eligibility for Lifeline consistent
   with § 54.417.

   (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.

   (iii)  An eligible telecommunications carrier must securely retain all
   information and documentation provided by the state Lifeline administrator
   or other state agency consistent with § 54.417.

   (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 securely retain copies of the documentation demonstrating a
   subscriber's program-based eligibility for Lifeline services, consistent
   with § 54.417.

   (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.

   (iii)  An eligible telecommunications carrier must securely retain all
   information and documentation provided by the state Lifeline administrator
   or other state agency consistent with § 54.417.

   (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;  80 FR 40935 , July 14, 2015]

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