FCC Extends Waiver Of Certain Lifeline Program Rules Through November 30th

August 17, 2020 – On its own motion, the FCC’s Wireline Competition Bureau has extended prior waivers of certain Lifeline program rules governing recertification, reverification, general de-enrollment, subscriber usage, income documentation, and documentation requirements for subscribers residing in rural areas on Tribal lands through November 30, 2020.[1]

The extension applies to the following sections of the FCC’s rules:

54.405(e)(1) – de-enrollment for no longer qualifying as a low-income consumer

54.405(e)(3) – to de-enrollment for non-usage, 15-day notification

54.405(e)(4) – de-enrollment for failure to re-certify

54.407(c)(2) – de-enrollment for non-usage, criteria

54.410(a) – policies and procedures for ensuring that Lifeline subscribers are eligible to receive Lifeline services

54.410(b)(1)(i)(B) – income-based eligibility determination, three consecutive months of documentation to confirm income

54.410(f) – Annual eligibility re-certification process.

The Bureau first waived the rules to help consumers deal with the public health emergency associated with the coronavirus COVID-19 pandemic, and has now extended the waivers after determining the circumstances necessitating them have not materially changed. Below is a summary of the Wireline Bureau’s previous COVID-19 Lifeline waiver orders.

First COVID-19 Lifeline Waiver Order – On March 17, 2020, the Bureau temporarily waived, on its own motion, the Lifeline program’s recertification and reverification requirements for 60 days, waived for 60 days, the 2019 Lifeline Order’s requirement that all eligible telecommunications carrier enrollment representatives register with the Universal Service Administrative Company (USAC).[2] The first COVID-19 Lifeline Waiver Order waiver applies to the following sections of the FCC’s rules: 54.405(e)(4); 54.406(a); and 54.410(f).

Second COVID-19 Lifeline Waiver Order – On March 30, 2020, the Bureau temporarily waived the Lifeline program’s usage requirements and general de-enrollment procedures, until May 29, 2020.[3] The Burau also extended the previous waiver of the Lifeline program’s recertification and reverification rules to May 29, 2020 to ensure that all of the waiver periods for Lifeline’s de-enrollment rules will have the same duration. And, the Bureau directed the Universal Service Administrative Company (USAC) to pause any involuntary de-enrollment of existing subscribers. The second COVID-19 Lifeline Waiver Order applies to the following sections of the FCC’s rules: 54.405(e)(1); 54.405(e)(3); 54.405(e)(4); 54.407(c)(2); and 54.410(f).

Third COVID-19 Lifeline Waiver Order – On April 29, 2020, the Bureau waived, until June 30, 2020, the requirement that consumers seeking to demonstrate income-based qualification for the Lifeline program must provide at least three consecutive months of documentation to confirm their income.[4] The Bureau also extended the prior waivers of the Lifeline program’s recertification, reverification, general de-enrollment, and usage requirements until June 30, 2020, and directed the Universal Service Administrative Company (USAC) to pause any involuntary de-enrollment of existing subscribers until that date. The third COVID-19 Lifeline Waiver Order applies to the following sections of the FCC’s rules: 54.405(e)(1); 54.405(e)(3); 54.405(e)(4); 54.407(c)(2); 54.410(b)(1)(i)(B); and 54.410(f).

Fourth COVID-19 Lifeline Waiver Order – On June 1, 2020, the Bureau waived through August 31, 2020, the requirement that consumers who reside in rural areas on Tribal lands and qualify for Lifeline benefits provide documentation to correct automated check failures prior to receiving their Lifeline-supported services.[5] Under the Lifeline Program’s rules, if a consumer’s Lifeline application fails an automated check used to confirm the consumer’s qualification for the Lifeline program (e.g., to confirm their identity or their eligibility as a low-income consumer), they must submit supporting documentation to complete their application prior to receiving Lifeline-supported service. The fourth COVID-19 Lifeline Waiver Order applies to the following sections of the FCC’s rules: 54.405(e)(1); 54.405(e)(3); 54.405(e)(4); 54.407(c)(2); 54.410(a); 54.410(b)(1)(i)(B); and 54.410(f).

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[1] Lifeline and Link Up Reform and Modernization, WC Docket No. 11-42, Order, DA 20-891 (Aug. 17, 2020), https://docs.fcc.gov/public/attachments/DA-20-891A1.pdf.

[2] Lifeline and Link Up Reform and Modernization, WC Docket No. 11-42, Order, DA 20-285 (Mar. 17, 2020), https://docs.fcc.gov/public/attachments/DA-20-285A1.pdf.

[3] Lifeline and Link Up Reform and Modernization, WC Docket No. 11-42, Order, DA 20-354 (Mar. 30, 2020), https://docs.fcc.gov/public/attachments/DA-20-354A1.pdf.

[4] Lifeline and Link Up Reform and Modernization, WC Docket No. 11-42, Order, DA 20-462 (Apr. 29, 2020), https://docs.fcc.gov/public/attachments/DA-20-462A1.pdf.

[5] Lifeline and Link Up Reform and Modernization, WC Docket No. 11-42, Order, DA 20-577 (June 1, 2020), https://docs.fcc.gov/public/attachments/DA-20-577A1.pdf.