Case Background
On February 6,
2012, the Federal Communications Commission (FCC) released a Report and Order
(Order FCC 12-11) and Further Notice of Proposed Rulemaking addressing Lifeline
and Link Up Reform and Modernization. The stated purposes of Order FCC 12-11
were to strengthen protections against waste, fraud, and abuse; improve program
administration and accountability; improve enrollment and consumer disclosures;
initiate modernization of the Lifeline program to include broadband; and
constrain the growth of the program in order to reduce the burden on all who
contribute to the Federal Universal Service Fund. Many of the modifications contained in Order
FCC 12-11 affected Florida’s Lifeline program. By Order No. PSC-12-0205-PAA-TP,
issued April 17, 2012, in Docket No. 120052-TP, the Commission modified Florida’s Lifeline
program accordingly and determined that Rule 25-4.0665, Florida Administrative
Code (F.A.C.), the Commission’s Lifeline rule, would need to be amended in
order to conform to the requirements of Order FCC 12-11.
Meanwhile,
during the course of the Commission’s Lifeline rule development process, the
FCC released a Notice of Proposed Rulemaking and Order seeking comments on
restructuring the Lifeline program to include access to broadband. On April 27, 2016, the FCC released its
Third Report and Order, Further Report and Order, and Order on Reconsideration
(Order FCC 16-38), further addressing the modernization of the federal Lifeline
program. The stated purpose of Order FCC 16-38 is
to help low-income Americans afford access to the Internet. The Order reflects
a transition of the FCC from primarily supporting voice services to targeting
support at modern broadband services. Order FCC 16-38 encourages broadband
providers to offer meaningful broadband services to Lifeline subscribers,
streamlines Lifeline program rules, eliminates outdated program obligations,
and makes several additional changes to combat waste, fraud, and abuse,
including establishing a National Lifeline Eligibility Verifier that removes
the responsibility of determining Lifeline subscriber eligibility from providers.
Many of the
modifications contained in Order FCC 16-38 and the federal Lifeline rule
amendments attached thereto affect Florida’s Lifeline program. This
recommendation addresses whether the Commission should propose the amendment of
Rule 25-4.0665, F.A.C., Lifeline Service (Lifeline rule), in order to conform the
rule to the requirements of Order FCC 16-38. This recommendation also addresses
whether the Commission should propose the repeal of Rule 25-4.113, F.A.C.,
Refusal or Discontinuance of Service by Company, consistent with the 2011 deregulatory
changes made to Chapter 364, Florida Statutes (F.S.).
A Notice of
Development of Rulemaking was published on June 23, 2017, in Volume 43, Number
122, of the Florida Administrative Register (FAR). FairPoint Communications and Cox Florida
Telcom, L.P., submitted comments on the draft Lifeline rule and AT&T requested
a rule workshop. A Notice of Rule Development Workshop was published on July
26, 2017, in Volume 43, Number 144, of the FAR. Upon consideration of the
comments submitted and concerns expressed by AT&T, staff further revised
the preliminary draft rule language and AT&T thereafter withdrew its
request for a workshop. Therefore, no rule development workshop was held. On August 29, 2017, staff issued notice of the
revisions made to the preliminary draft rule language and provided all
interested persons a second opportunity to submit further written comments or
to request a workshop. No further comments or requests for workshop were
received. The Commission has
jurisdiction pursuant to sections 120.54, 350.127(2), 364.10, 364.105, and
364.183(1), F.S.
Discussion
of Issues
Issue 1:
Should the Commission propose the amendment of Rule
25-4.0665, F.A.C., Lifeline Service, and the repeal of Rule 25-4.113, F.A.C.,
Refusal or Discontinuance of Service by Company?
Recommendation:
Yes, the Commission should propose the amendment of
Rule 25-4.0665, F.A.C., Lifeline Service, and the repeal of Rule 25-4.113,
F.A.C., Refusal or Discontinuance of Service by Company, as set forth in
Attachment A. Staff recommends that the
Commission certify proposed amended Rule 25-4.0665, F.A.C., as a minor
violation rule. (Gervasi, Fogleman, Draper)
Staff Analysis:
Staff recommends that the Commission propose the
amendment of Rule 25-4.0665, F.A.C., and the repeal of Rule 25-4.113, F.A.C.,
as set forth in Attachment A. Staff’s
rationale for the rule amendment and repeal is discussed in more detail below.
Amendment
of Rule 25-4.0665, F.A.C., Lifeline Service
Rule
25-4.0665, F.A.C., Lifeline Service, establishes the requirements eligible
telecommunications carriers (ETCs) must
follow when they offer Lifeline service. The rule lists the eligibility
criteria for applications, processes and procedures for accepting applications,
procedures for rejecting applications, timeframes for enrolling applicants, advertising,
and reporting requirements. Staff is recommending that the Commission propose
the amendment of Rule 25-4.0665, F.A.C., in order to conform the rule to the
requirements of Order FCC 16-38 and the federal Lifeline rule amendments
attached thereto, specifically including FCC Rules 47 CFR §§ 54.400 - 54.417.
Eligibility
Criteria
As shown
on Attachment A, staff recommends that Paragraph (1) of the Rule 25-4.0665,
F.A.C., should be amended to require ETCs to offer Lifeline assistance as
prescribed by the FCC, and to incorporate the federal Lifeline rules into the
rule by reference. Among other things, by Order FCC 16-38, the FCC amended Rule
47 CFR § 54.409(a) to remove state-specified eligibility criteria for Lifeline
support in order to continue to prevent waste, fraud, and abuse. Therefore, the state-specified eligibility
criteria contained in Paragraphs (1)-(3) and (7) should be deleted.
Staff
notes that the FCC expressly removed the Low Income Home Energy Assistance
Program, the National School Lunch Program, and Temporary Assistance for Needy
Families as qualifying federal assistance programs for determining eligibility
for Lifeline. This was
due in part to low enrollment in Lifeline based on participation in those
programs, as well as to a finding that those programs do not offer the same
advantages in developing a federal eligibility database, preventing waste,
fraud, and abuse, nor better targeting of the neediest low-income households as
the Supplemental Nutrition Assistance Program, Medicaid, SSI, Federal Public
Housing Assistance, and the Veterans Pension benefit.
Elimination
of Link Up Service
Staff recommends that Paragraph (4) of Rule 25-4.0665,
F.A.C., should be deleted, to eliminate the requirement that ETCs who charge an
initial connection charge must offer Link Up service to subscribers who are
eligible for Lifeline. Federal Link Up assistance is no longer available to
subscribers who are eligible for Lifeline service. By Order FCC 12-11, the FCC
eliminated Link Up support on non-Tribal lands for all ETCs, and Rule 47 CFR §
54.413 was amended to restrict Link Up assistance to eligible residents of
Tribal lands seeking telecommunications service from a telecommunications
carrier that is receiving high-cost support on Tribal lands. Therefore, by Order
No. PSC-12-0205-PAA-TP, the Commission removed non-Tribal Link Up from the
Florida Lifeline program.
Subscriber
Certification Requirements
Paragraph
(9) specifies that an ETC shall only require the last four digits of a
customer’s social security number for continued eligibility for Lifeline and
Link-Up as part of the annual verification process. That requirement is
contained in Rule 47 CFR § 54.410, Subscriber eligibility determination and certification
for Lifeline service, and should thus be deleted as unnecessary.
Paragraph
(10)(b) contains a 60-day deadline for initial enrollment in the Lifeline
program and requires an ETC to credit the subscriber’s bill for Lifeline
service as of the date the ETC received the e-mail notification from the
Commission. This paragraph should be deleted because it conflicts with the
subscriber eligibility determination and certification requirements of Rule 47
CFR § 54.410, which do not contain a deadline for initial enrollment. It also conflicts with Rule 47 CFR § 54.407(a),
which states that “Universal service support for providing Lifeline shall be
provided directly to an [ETC] based on the number of actual qualifying
low-income customers it serves directly as of the first day of the month.”
Paragraph (12) prohibits an ETC from imposing any
additional verification requirements on a subscriber who is certified by the Office
of Public Counsel (OPC) as being eligible to receive Lifeline service under the
income test set forth in Section 364.10(2)(a), F.S. Section 364.10(2)(a), F.S.,
prescribes an income eligibility test of 150 percent or less of the federal
poverty income guidelines for Lifeline customers. By Order FCC 16-38, the FCC
continued to allow income-based eligibility for households with annual incomes
of less than 135 percent of the federal poverty income guidelines. This
paragraph should be deleted because it is inconsistent with the FCC’s
eligibility criteria.
Paragraph (15) requires the reinstatement of a
subscriber’s terminated Lifeline service no later than 60 days following
receipt of proof of eligibility and requires that the subscriber’s bill must be
credited for Lifeline service as of the date the ETC received the proof of
continued Lifeline eligibility. That paragraph should be deleted because it
conflicts with the subscriber eligibility determination and certification
requirements of Rule 47 CFR § 54.410, which do not contain a deadline for
reinstatement of a subscriber’s terminated Lifeline service. It also conflicts with Rule 47 CFR §
54.407(a), which states that “Universal service support for providing Lifeline
shall be provided directly to an [ETC] based on the number of actual qualifying
low-income customers it serves directly as of the first day of the month.”
Other
Recommended Changes
The
recommended changes to Paragraphs (14), (17), and (18) (newly numbered as
Paragraphs (9), (11), and (12)) contained on Attachment A are self-explanatory. Staff recommends that Paragraph (19) be
deleted as unnecessary because it is duplicative of Section 364.10(1)(d), F.S.,
which requires that an ETC may not charge Lifeline subscribers a monthly
number-portability charge. Finally,
staff recommends the deletion of Paragraph (20), which contains quarterly
reporting requirements to the Commission.
The quarterly reporting requirements are no longer necessary because, as
reflected in newly numbered Paragraph (11), Rule 47 CFR § 54.422(c) requires
ETCs to file detailed annual reports with the FCC, the program administrator,
and with the relevant state commissions.
Moreover,
the FCC has developed new national Lifeline application and recertification
forms, as well as a worksheet to be used to determine whether a customer is
eligible for Lifeline service in instances where the customer shares an address
with another Lifeline recipient. Customers who are Medicaid or Supplemental
Nutrition Assistance Program (SNAP) participants may also enroll in the
Lifeline program in Florida by submitting the Commission’s on-line application
form. These forms are referenced in newly numbered Paragraphs (2), (3), and (4)
of the draft Lifeline rule and are attached to this recommendation as
Attachment C.
Repeal
of Rule 25-4.113, F.A.C., Refusal or Discontinuance of Service by Company
Rule
25-4.113, F.A.C., Refusal or Discontinuance of Service by Company, outlines the
conditions under which a local exchange telecommunications company may
discontinue or refuse to provide telephone service. Staff recommends that consistent
with the 2011 changes made to Chapter 364, F.S., the Commission should propose
to repeal Rule 25-4.113, F.A.C. The
Regulatory Reform Act of 2011 amended Chapter 364, F.S., to remove Commission
regulatory oversight of basic local telecommunications service and nonbasic
service, including service quality and price regulation. Section 364.01(3),
F.S., provides that “[t]he Legislature finds that the competitive provision of
telecommunications services, including local exchange telecommunications
service, is in the public interest and has provided customers with freedom of
choice, encouraged the introduction of new telecommunications service,
encouraged technological innovation, and encouraged investment in
telecommunications infrastructure.”
Sections 364.011(5) and 364.011(6), F.S., exempt basic and nonbasic
service from Commission oversight, respectively, except to the extent
delineated in Chapter 364, F.S. Rule 25-4.113, F.A.C., has thus been rendered
obsolete.
Staff notes
that this rulemaking docket was initiated to address Rules 25-4.113 and
25-4.0665, F.A.C., at the same time because Rule 25-4.113 specifically addresses
Lifeline. Rule 25-4.113(1)(f) provides that a company shall not “discontinue a
customer’s Lifeline local service if the charges, taxes, and fees applicable to
dial tone, local usage, dual tone multifrequency dialing, emergency services
such as ‘911,’ and relay service are paid.” Staff considered whether this
language should be included in the Lifeline rule upon the repeal of Rule
25-4.113, under the authority of Section 364.10(2)(c), F.S., which states that
“[a]n eligible telecommunications carrier may not discontinue basic local
telecommunications service to a subscriber who receives Lifeline service
because of nonpayment by the subscriber of charges for nonbasic services billed
by the telecommunications company, including long-distance service.” However, staff
is not recommending the inclusion of this language in the Lifeline rule because
it would be inconsistent with Order FCC 16-38 and the federal Lifeline rules,
which do not prohibit an ETC from discontinuing a customer’s Lifeline service
for any of the reasons stated in Rule 25-4.113, F.A.C. Pursuant to Rule 47 CFR
§54.405, de-enrollment from Lifeline service occurs when a subscriber no longer
meets the criteria for eligibility for the service, for non-usage of the
service for 30 consecutive days, for failure to re-certify for the service, or
upon request by the subscriber.
Statement of Estimated
Regulatory Costs
Pursuant to Section 120.54(3)(b)1.,
F.S., agencies are encouraged to prepare a statement of estimated regulatory
costs (SERC) before the adoption, amendment, or repeal of any rule. A SERC was prepared for this rulemaking and
is appended as Attachment B. As required
by Section 120.541(2)(a), F.S., the SERC analysis includes whether the amendment
of Rule 25-4.0665 and repeal of Rule 25-4.113, F.A.C. (rule amendment and
repeal), are likely to have an adverse impact on economic growth, private
sector job creation or employment, or private sector investment in excess of $1
million in the aggregate within five years after implementation. None of the
impact cost/criteria established will be exceeded as a result of the
recommended revisions.
The SERC concludes that the rule amendment
and repeal will likely not directly or indirectly increase regulatory costs in
excess of $200,000 in the aggregate in Florida within one year after
implementation. The SERC concludes that the rule amendment and repeal will not
likely increase regulatory costs, will have minimal transactional costs, and
minimal impact on small businesses. Moreover, the rule amendment and repeal
will not have an adverse impact on business competitiveness, productivity, or
innovation in excess of $1 million in the aggregate within five years of
implementation. Thus, the rule amendment and repeal do not require legislative
ratification pursuant to Section 120.541(3), F.S. In addition, the SERC states that if any of
the ETCs are small businesses, any impact from the rule amendment and repeal
would be minimal. The SERC also states that the rule amendment and repeal would
have no implementation or enforcement cost on the Commission or any other state
and local government entity and would have no impact on small cities or small
counties.
Minor Violation Rules Certification
Pursuant to Section 120.695, F.S., beginning July 1, 2017,
for each rule filed for adoption, the Commission is required to certify whether
any part of the rule is designated as a rule the violation of which would be a
minor violation. A list of the Commission rules designated as minor violation
rules is published on the Commission’s website, as required by Section
120.695(2), F.S. Currently, Rules 25-4.0665 and 25-4.113, F.A.C., are on the
Commission’s list of rules designated as minor violations. If the Commission
proposes the repeal of Rule 25-4.113, F.A.C., once the repeal becomes
effective, the rule should be deleted from the Commission’s published list of
minor violation rules.
If the Commission proposes the amendment of Rule 25-4.0665,
F.A.C., the rule would continue to be considered a minor violation rule.
Therefore, for purposes of filing the amended rule for adoption with the
Department of State, staff recommends that the Commission certify proposed
amended Rule 25-4.0665, F.A.C., as a minor violation rule.
Conclusion
For the above
reasons, staff recommends that the Commission propose the amendment of Rule 25-4.0665
and the repeal of Rule 25-4.113, F.A.C., as set forth in Attachment A.
Moreover, the Commission should certify proposed amended Rule 25-4.0665,
F.A.C., as a minor violation rule.
Issue 2:
Should this docket be closed?
Recommendation:
Yes, if no requests for hearing or comments are
filed, the rule amendment and repeal as proposed should be filed for adoption
with the Secretary of State and the docket should be closed. (Gervasi)
Staff Analysis:
Unless comments or requests for hearing are filed,
the rules as proposed may be filed with the Secretary of State without further
Commission action. The docket may then
be closed.
25-4.0665 Lifeline Assistance Service.
(1)
Eligible Telecommunications Companies must offer Lifeline Assistance as
prescribed by the Federal Communications Commission in Title 47, Code of
Federal Regulations, Part 54, Subpart E, Universal Service Support for
Low-Income Consumers, Sections 54.400 through 54.417, as amended October 1,
2017, which are hereby incorporated into this rule by reference, and which are
available at [hyperlink]. A
subscriber is eligible for Lifeline service if:
(a)
The subscriber is a participant in one of the following federal assistance
programs:
1.
Medicaid;
2.
Food Stamps;
3.
Supplemental Security Income (SSI);
4.
Temporary Assistance for Needy Families/Temporary Cash Assistance;
5.
“Section 8” Federal Public Housing Assistance;
6.
Low-Income Home Energy Assistance Program; or
7.
The National School Lunch Program – Free Lunch; or
(b)
The subscriber’s eligible telecommunications carrier has more than one million
access lines and the subscriber’s household income is at or below 150 percent
of the federal poverty income guidelines.
(2)
A subscriber living on federally recognized Tribal lands who does not satisfy
the eligibility requirements for Lifeline service in subsection (1) of this rule
is nevertheless eligible for Lifeline service if the subscriber receives
benefits from one of the following Bureau of Indian Affairs programs:
(a)
Tribal temporary assistance for needy families (TANF);
(b)
NSL Program – Free Lunch; or
(c)
Head Start.
(3)
Eligible telecommunications carriers with less than one million access lines
are not required to enroll Lifeline applicants through the income eligibility
test of 150 percent or less of the federal poverty income guidelines, but may
do so voluntarily.
(4)
Eligible telecommunications carriers that charge an initial connection charge
must offer Link-Up service to subscribers who are eligible for Lifeline service
pursuant to this rule.
(2)(5)
When enrolling customers in the Lifeline service program under paragraph
(1)(a) of this rule, eligible telecommunications carriers shall accept FCC
Form 5629, OMB APPROVAL EDITION 3060-0819, PSC/TEL 157 (6/10), entitled
“Lifeline Program Application Form,” “Application for Link-Up Florida
and Lifeline Assistance,” which is incorporated into this rule by reference
and which is available at [hyperlink] or can be accessed from the
Universal Service Administrative Company’s Commission’s website
at https://www.usac.org/_res/documents/li/pdf/nv/LI_Application_UniversalForm.pdf
. www.floridapsc.com, by
selecting “Link-Up Florida and Lifeline Assistance,” then selecting
“Need Discounted Phone Service?,” and then selecting “English Link-Up and
Lifeline Certification Form” (also available in Spanish and Creole). The Spanish version of this form is also
incorporated into this rule by reference and is available at [hyperlink] or
from the Universal Service Administrative Company’s website at https://www.usac.org/_res/documents/li/pdf/nv/LI-SP_Application_UniversalForms.pdf. Eligible telecommunications carriers shall also
accept Form PSC 1023 (08/18), entitled “Lifeline Florida On-line Application
for Recipients of Medicaid or Supplemental Nutrition Assistance Program (SNAP),”
which is incorporated into this rule by reference and which is available at
[hyperlink] or from the Commission’s website at www.floridapsc.com, by
selecting “Lifeline Assistance,” then selecting “Public Service Commission
Secure On-Line Application Form.”
(3)(6)
When recertifying customers in the Lifeline service program, eligible
telecommunications carriers shall accept FCC Form 5630, OMB APPROVAL EDITION
3060-0819, entitled “Lifeline Program Annual Recertification Form,” which is
incorporated into this rule by reference and which is available at [hyperlink]
or from the Universal Service Administrative Company’s website at https://www.usac.org/_res/documents/li/pdf/nv/LI_Recertification_UniversalForms.pdf.
The Spanish version of this form is also incorporated into this rule by
reference and is available at [hyperlink] or from the Universal Service Administrative
Company’s website at
https://www.usac.org/_res/documents/li/pdf/nv/LI-SP_Recertification_UniversalForms.pdf.
Eligible telecommunications carriers
shall enroll customers for Lifeline service who electronically submit Form
PSC/TEL 158 (6/10), entitled “Lifeline and Link-Up Florida On-line Self
Certification Form,” which is incorporated into this rule by reference and can
be accessed from the Commission’s website at www.floridapsc.com, by selecting
“Link-Up Florida and Lifeline,” then selecting “Apply On-line.”
(7)
For Lifeline applicants who do not use On-line enrollment or simplified
certification enrollment, the eligible telecommunications carrier must accept
Public Assistance eligibility determination letters, including those provided
for food stamps, Medicaid, and public housing lease agreements, as proof of
eligibility for Link-Up and Lifeline enrollment.
(4)
To obtain information necessary to confirm whether a customer is eligible for
Lifeline service in instances where the customer shares an address with another
Lifeline recipient, eligible telecommunications carriers shall accept FCC Form
5631, OMB APPROVAL EDITION 3060-0819, entitled “Lifeline Program Household
Worksheet,” which is incorporated into this rule by reference and which is available
at [hyperlink] or from the Universal Service Administrative Company’s website
at https://www.usac.org/_res/documents/li/pdf/nv/LI_Worksheet_UniversalForms.pdf.
The Spanish version of this form is also incorporated into this rule by
reference and is available at [hyperlink] or from the Universal Service
Administrative Company’s website at https://www.usac.org/_res/documents/li/pdf/nv/LI-SP_Worksheet_UniversalForms.pdf.
(5)(8)
Eligible telecommunications carriers must allow customers the option to submit Link-Up
or Lifeline application and recertification forms applications
via U.S. Mail or facsimile, and may allow applications to be submitted
electronically. Eligible telecommunications carriers must also allow customers
the option to submit copies of supporting documents via U.S. Mail or facsimile.
(9)
Eligible telecommunications carriers shall only require a customer to provide
the last four digits of the customer’s social security number for application
for Lifeline and Link-Up service and to verify continued eligibility for the
programs as part of the annual verification process.
(6)(10)
All eligible telecommunications carriers shall participate in the Lifeline
service Simplified Automatic Enrollment Process. For purposes of
this rule, the Lifeline service Simplified Automatic Enrollment
Process is an electronic interface between the Department of Children and
Family Services, the Commission, and the eligible telecommunications carrier
that allows low-income individuals to automatically enroll in Lifeline
following enrollment in a qualifying public assistance program.
(a)
The Commission shall send an e-mail to the eligible telecommunications carrier
informing the eligible telecommunications carrier that Lifeline service
applications are available for retrieval for processing.
(b)
The eligible telecommunications carrier shall enroll the subscriber in the
Lifeline service program as soon as practicable, but no later than 60 days from
the receipt of the e-mail notification. Upon completion of initial enrollment, the
eligible telecommunications carrier shall credit the subscriber’s bill for
Lifeline service as of the date the eligible telecommunications carrier received
the e-mail notification from the Commission.
(b)(c)
The eligible telecommunications carrier shall maintain at least one a
current e-mail address with the Commission, which the Commission will use to
inform the eligible telecommunications carrier of the Commission’s Lifeline
secure website address and that new Lifeline service applications are available
for retrieval for processing.
(c)(d)
The eligible telecommunications carrier shall maintain with the Commission the
names, e-mail addresses and telephone numbers of at least one primary
and one secondary company representative who will manage the user accounts
on the Commission’s Lifeline secure website.
(d)(e)
Within 20 calendar days of receiving the Commission’s e-mail notification that
the Lifeline service application is available for retrieval, the eligible
telecommunications carrier shall provide a facsimile response to the Commission
via the Commission’s dedicated Lifeline service facsimile telephone line at
(850) 717-0108 413-7142, or an electronic response via the
Commission’s Lifeline secure website, identifying the customer name, address,
telephone number, and date of the application for:
1.
Misdirected Lifeline service applications; or
2.
Applications for customers currently receiving Lifeline service.; and
3.
Rejected applicants, which shall include the reason(s) why the applicants were
rejected.
In lieu of a facsimile or electronic
submission, the eligible telecommunications carrier may file the information
with the Office of Commission Clerk.
(e)(f)
Pursuant to Section 364.107(1), F.S., information filed by the eligible
telecommunications carrier in accordance with paragraph (6)(d) (9)(e)
of this rule is confidential and exempt from Section 119.07(1), F.S. However,
the eligible telecommunications carrier may disclose such information
consistent with the criteria in Section 364.107(3)(a), F.S. For purposes of
this rule, the information filed by the eligible telecommunications carrier
will be presumed necessary for disclosure to the Commission pursuant to the
criteria in Section 364.107(3)(a)4., F.S.
(7)(11)
An eligible telecommunications carrier shall not impose additional verification
requirements on subscribers beyond those which are required by this rule.
(12)
If the Office of Public Counsel certifies a subscriber eligible to receive
Lifeline service under the income test set forth in Section 364.10(3)(a), F.S.,
an eligible telecommunications carrier shall not impose any additional
verification requirements on the subscriber.
(8)(13)
Within 20 calendar days of rejecting a Lifeline application, an An
eligible telecommunications carrier must provide written notice to the a
customer within 30 days of receipt of the application providing the
reason for rejecting the a rejected Lifeline application, and
providing contact information for the customer to get information regarding the
application denial. Rejected
applications received by way of the Simplified Enrollment Process under subsection
(6) must also be reported to the Commission via the Commission’s dedicated
Lifeline service facsimile telephone line at (850) 717-0108 or electronically
via the Commission’s Lifeline secure website, with the reason why the
application was rejected. In lieu of a
facsimile or electronic submission, the eligible telecommunications carrier may
file the information with the Office of Commission Clerk.
(9)(14)
An eligible telecommunications carrier or its designee must provide 60
days written notice prior to the termination of Lifeline service pursuant
to Title 47, Code of Federal Regulations, Part 54, Subpart E, Section 54.405 Carrier obligation to offer
Lifeline, as amended October 1, 2017. The notice of impending pending
termination shall contain the telephone number at which the subscriber can
obtain information about the subscriber’s Lifeline service from the eligible telecommunications
carrier. The notice shall also inform the subscriber of the availability,
pursuant to Section 364.105, F.S., of discounted residential basic local
telecommunications service.
(15)
If a subscriber’s Lifeline service is terminated and the subscriber
subsequently presents proof of Lifeline eligibility, the eligible
telecommunications carrier shall reinstate the subscriber’s Lifeline service as
soon as practicable, but no later than 60 days following receipt of proof of
eligibility. Irrespective of the date on which the eligible telecommunications
carrier reinstates the subscriber’s Lifeline service, the subscriber’s bill
shall be credited for Lifeline service as of the date the eligible
telecommunications carrier received the proof of continued Lifeline
eligibility.
(10)(16)
All eligible telecommunications carriers shall provide current Lifeline service
company information to the Universal Service Administrative Company at
www.lifelinesupport.org so that the information can be posted on the Universal
Service Administrative Company’s consumer website.
(11)(17)
Eligible telecommunications carriers must advertise the availability of Lifeline
service. Pursuant to Title 47, Code
of Federal Regulations, Part 54, Subpart E, Section 54.405(b), all eligible
telecommunications carriers are obligated to publicize the availability of
Lifeline service in a manner reasonably designed to reach those likely to
qualify for the service. Only posting the
availability of Lifeline service on an eligible telecommunications carrier’s
website is insufficient to meet this requirement. Advertising the availability of Lifeline
service can be achieved by using any of the following media: flyers, local
newspaper ads, local TV ads, mail, e-mail, web advertisements, bill inserts and
other text-based methods of advertisement or a combination of such media. Pursuant to Title 47 of the United States
Code, Section 214(e)(1)(B), as amended December 1, 1997, which is hereby
incorporated into this rule by reference, and which is available at
[hyperlink], charges must also be included in the Lifeline advertisement. The
company may redirect consumers to a 1-800 customer service number and website
to see applicable charges and fees in lieu of listing all charges in an
advertisement. to those who may
be eligible for the service. At a minimum, if the eligible telecommunications
carrier publishes a directory, the eligible telecommunications carrier must
include in the index of the directory a notice of the availability of Lifeline
service. If the eligible telecommunications carrier generates customer bills,
the eligible telecommunications carrier must also place an insert in the
subscriber’s bill or a message on the subscriber’s bill at least once each
calendar year advising subscribers of the availability of Lifeline service.
(12)(18)
Eligible telecommunications carriers must file all reports with the Commission
in accordance with Title 47, Code of Federal Regulations, Part 54, Subpart E,
Section 54.422(c), Annual reporting for eligible telecommunications carriers
that receive low-income support, as amended October 1, 2017, which is hereby
incorporated into this rule by reference, and which is available at [hyperlink].
may not charge a service deposit in order to initiate Lifeline service if
the subscriber voluntarily elects toll blocking or toll control. If the
subscriber elects not to place toll blocking or toll control on the line, an
eligible telecommunications carrier may charge a service deposit.
(19)
Eligible telecommunications carriers may not charge Lifeline subscribers a
monthly number-portability charge.
(20)
Eligible telecommunications carriers offering Link-Up and Lifeline service must
submit quarterly reports to the Commission no later than 30 days following the
ending of each quarter as follows: First Quarter (January 1 through March 31);
Second Quarter (April 1 through June 30); Third Quarter (July 1 through
September 30); Fourth Quarter (October 1 through December 31). The quarterly
reports shall include the following data:
(a)
The number of Lifeline subscribers, excluding resold Lifeline subscribers, for
each month during the quarter;
(b)
The number of subscribers who received Link-Up for each month during the
quarter;
(c)
The number of new Lifeline subscribers added each month during the quarter;
(d)
The number of transitional Lifeline subscribers who received discounted service
for each month during the quarter; and
(e)
The number of residential access lines with Lifeline service that were resold
to other carriers each month during the quarter.
Rulemaking
Authority 120.80(13)(d), 350.127(2), 364.10(3)(j) FS. Law Implemented 364.10,
364.105, 364.183(1) FS. History–New 1-2-07, Amended 12-6-07, 6-23-10,________.
25-4.113 Refusal or Discontinuance of
Service by Company.
(1)
As applicable, the company may refuse or discontinue telephone service under
the following conditions provided that, unless otherwise stated, the customer
shall be given notice and allowed a reasonable time to comply with any rule or
remedy any deficiency:
(a)
For non-compliance with or violation of any state or municipal law, ordinance,
or regulation pertaining to telephone service.
(b)
For the use of telephone service for any other property or purpose than that
described in the application.
(c)
For failure or refusal to provide the company with a deposit to insure payment
of bills in accordance with the company’s regulations.
(d)
For neglect or refusal to provide reasonable access to the company for the
purpose of inspection and maintenance of equipment owned by the company.
(e)
For noncompliance with or violation of the Commission’s regulations or the
company’s rules and regulations on file with the Commission, provided 5 working
days’ written notice is given before termination.
(f)
For nonpayment of bills for telephone service, including the telecommunications
access system surcharge referred to in subsection 25-4.160(3), F.A.C., provided
that suspension or termination of service shall not be made without 5 working
days’ written notice to the customer, except in extreme cases. The written
notice shall be separate and apart from the regular monthly bill for service. A
company shall not, however, refuse or discontinue service for nonpayment of a
dishonored check service charge imposed by the company, nor discontinue a
customer’s Lifeline local service if the charges, taxes, and fees applicable to
dial tone, local usage, dual tone multifrequency dialing, emergency services
such as “911,” and relay service are paid. No company shall discontinue service
to any customer for the initial nonpayment of the current bill on a day the
company’s business office is closed or on a day preceding a day the business
office is closed.
(g)
For purposes of paragraphs (e) and (f), “working day” means any day on which
the company’s business office is open and the U.S. Mail is delivered.
(h)
Without notice in the event of customer use of equipment in such manner as to
adversely affect the company’s equipment or the company’s service to others.
(i)
Without notice in the event of hazardous conditions or tampering with the
equipment furnished and owned by the company.
(j)
Without notice in the event of unauthorized or fraudulent use of service.
Whenever service is discontinued for fraudulent use of service, the company
may, before restoring service, require the customer to make, at his own
expense, all changes in facilities or equipment necessary to eliminate illegal
use and to pay an amount reasonably estimated as the loss in revenues resulting
from such fraudulent use.
(2)
In case of refusal to establish service, or whenever service is discontinued,
the company shall notify the applicant or customer in writing of the reason for
such refusal or discontinuance.
(3)
Service shall be initiated or restored when the cause for refusal or
discontinuance has been satisfactorily adjusted.
(4)
The following shall not constitute sufficient cause for refusal or
discontinuance of service to an applicant or customer:
(a)
Delinquency in payment for service by a previous occupant of the premises,
unless the current applicant or customer occupied the premises at the time the
delinquency occurred and the previous customer continues to occupy the premises
and such previous customer shall benefit from such new service.
(b)
Delinquency in payment for service by a present occupant who was delinquent at
another address and subsequently joined the household of the customer in good
standing.
(c)
Delinquency in payment for separate telephone service of another customer in
the same residence.
(d)
Failure to pay for business service at a different location and a different
telephone number shall not constitute sufficient cause for refusal of residence
service or vice versa.
(e)
Failure to pay for a service rendered by the company which is not regulated by
the Commission.
(f)
Failure to pay the bill of another customer as guarantor thereof.
(g)
Failure to pay a dishonored check service charge imposed by the company.
(5)
When service has been discontinued for proper cause, the company may charge a
reasonable fee to defray the cost of restoring service, provided such charge is
set out in its approved tariff on file with the Commission.
Rulemaking
Authority 350.127, 427.704(8) FS. Law Implemented 427.704 FS. History–New
12-1-68, Amended 3-31-76, 10-25-84, 10-30-86, 1-1-91, 9-16-92, 1-7-93, 1-25-95,
7-5-00, Repealed________.
Rule No. 25-4.0665, F.A.C.
PSC 1023 (08/18)
Rule No. 25-4.0665, F.A.C.
Rule No. 25-4.0665, F.A.C.
Rule No. 25-4.0665, F.A.C.
