Case Background
This
rulemaking, to amend Rule 25-4.0665, Florida Administrative Code (F.A.C.),
Lifeline Assistance, was initiated as a result of changes to Section 364.10,
Florida Statutes (F.S.), made in the 2022 Legislative Session to conform to
current federal regulations. The amendments are intended to comport with the
recent changes to Section 364.10, F.S.
The
amendment to Section 364.10, F.S., clarifies that an eligible
telecommunications carrier (ETC) must notify a Lifeline subscriber of impending
termination of Lifeline service if there is reason to believe the subscriber no
longer qualifies for the service and requires a subscriber to provide proof of
continued eligibility for Lifeline service upon request of the ETC, the Federal
Communications Commission (FCC) or its designee. Additionally, the amendment to Section
364.10, F.S., removed obsolete provisions relating to income eligibility
standards that were inconsistent with current FCC requirements; removed
references to state agencies no longer involved in the development of
procedures for promoting Lifeline, leaving only the Commission and the
Department of Children and Families (DCF); clarified that the Commission and
DCF may exchange information with ETCs, and the FCC or its designee, in order
to enroll eligible customers in Lifeline service; and requires any state agency
that determines a person is eligible for Lifeline service to coordinate with
the FCC or its designee to verify eligibility.
Notice
of the rule development appeared in the October 17, 2022, edition of the
Florida Administrative Register, Vol. 48, No. 202. No workshop was requested
and none was held. This recommendation addresses whether the Commission should
amend Rule 25-4.0665, F.A.C. Rulemaking
is necessary to implement Section 364.10, F.S., as identified in the
Commission’s 2022 Regulatory Plan.
Accordingly, pursuant to Section 120.74(5), F.S., the Commission must
publish a notice of proposed rule amending Rule 25-4.0665, F.S., by April 1,
2023.
The
Commission has jurisdiction pursuant to Sections 120.54, 350.127(2), 364.01,
and 364.10, F.S.
Discussion
of Issues
Issue 1:
Should the Commission
propose the amendment of Rule 25-4.0665, F.A.C.?
Recommendation:
Yes, the Commission should
propose the amendment of Rule 25-4.0665,
F.A.C., as set forth in Attachment A.
The Commission should also certify Rule 25-4.0665, F.S., as a minor
violation rule. (Sunshine, Fogleman,
Deas, Guffey)
Staff Analysis:
Staff is recommending amendments to Rule 25-4.0665,
F.A.C., to clarify and update the rule, and to
implement changes necessitated by the amendment to Section 364.10, F.S., made
in the 2022 Legislative Session.
Specifically,
the recommended proposed amendments to the rule include: (1) removal of obsolete language relating to
ETC approval of applications and use of specific application forms; (2)
incorporating by reference, and changing the program enrollment process from
Lifeline Simplified Enrollment Process to Lifeline Promotion Process, which facilitates
the electronic transfer of eligible customer information from the DCF and the
Commission to ETCs; (3) clarifying the responsibilities of ETCs and the
Commission regarding the Lifeline Promotion Process; and (4) moving the
existing Lifeline availability advertising criteria from Section (11) to
Section (4) in the recommended proposed amended rule for cohesiveness.
Minor Violation Rules Certification
Pursuant to Section 120.695,
F.S., for each rule filed for adoption, the agency head shall certify whether
any part of the rule is designated as a rule the violation of which would be a
minor violation.
Rule 25-4.0665, F.A.C., is currently listed on the Commission’s website as a
rule for which a violation would be minor because violation of the rule would not
result in economic or physical harm to a person or have an adverse affect on the
public health, safety, or welfare or create a significant threat of such harm.
The amendments to Rule
25-4.0665, F.A.C., would not change its status as a minor violation rule. Thus, staff recommends that the Commission
certify Rule 25-4.0665, F.A.C., as a minor violation rule.
Statement of Estimated Regulatory Costs
Pursuant to Section
120.54(3)(b), 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 to this
recommendation.
The SERC concludes that the
amendment of Rule 25-4.0665, F.A.C., will not likely, directly or indirectly,
increase regulatory costs in excess of $200,000 in the aggregate in Florida
within one year after implementation. Further, the SERC’s economic analysis
concludes that the amendment to the rule will not likely have an adverse impact
on economic growth, private sector job creation or employment, private sector
investment, business competitiveness, productivity, or innovation in excess of
$1 million in the aggregate within five years of implementation. Thus, the rule
does not require legislative ratification pursuant to Section 120.541(3), F.S.
In addition, the SERC states
that the rule amendments will not have an adverse impact on small businesses and
will have no impact on small cities or counties. The SERC concludes that there
will be no transactional costs likely to be incurred by individuals and
entities required to comply with the requirements of the rule. No regulatory
alternatives were submitted pursuant to Section 120.541(1)(a), F.S. None of the
impact/cost criteria established in Section 120.541(2)(a), F.S., will be
exceeded as a result of the recommended amendment to Rule 25-4.0665, F.A.C.
Conclusion
Based on the foregoing analysis,
staff recommends that the Commission propose the amendment of Rule 25-4.0665,
F.A.C., as set forth in Attachment A. Staff also recommends that the Commission
certify 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, information regarding the SERC, proposals for a lower
cost regulatory alternative, or Joint Administrative Procedures Committee (JAPC)
comments are filed, the rule should be filed with the Department of State, and
the docket should be closed. (Sunshine)
Staff Analysis:
If no
requests for hearing, information regarding the SERC, proposals for a lower
cost regulatory alternatives, or JAPC comments are filed, the rule may be filed
with the Department of State and the docket should be closed. (Sunshine)
25-4.0665
Lifeline Assistance.
(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 54.42317, in effect as of September 8, 2022as
amended October 1, 2017, which are hereby incorporated into this rule by
reference, and which are available at http://www.flrules.org/Gateway/reference.asp?No=Ref-_____10061.
(2) Eligible telecommunications
carriers may assist customers with When enrolling customers
in the Lifeline program through the provider portal with the National Lifeline
Eligibility Verifier, as defined in Title 47, Code of Federal Regulations, Part
54, Subpart E, Universal Service Support for Low-Income Consumers, Section
54.400(o)., eligible telecommunications carriers shall accept FCC Form
5629 (09/18), OMB APPROVAL EDITION 3060-0819, entitled “Lifeline Program
Application Form,” which is incorporated into this rule by reference and which
is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10073
or from the Universal Service Administrative Company’s website at
https://www.usac.org/_res/documents/li/pdf/nv/LI_Application_UniversalForm.pdf.
The Spanish version of this form, FCC Form 5629 (09/18), OMB APPROVAL EDITION
3060-0819, entitled “Programa de Lifeline: Formulario de Aplicación,” is also
incorporated into this rule by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10075
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 http://www.flrules.org/Gateway/reference.asp?No=Ref-10052
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) When recertifying customers in the
Lifeline program, eligible telecommunications carriers shall accept FCC Form
5630 (09/18), OMB APPROVAL EDITION 3060-0819, entitled “Lifeline Program Annual
Recertification Form,” which is incorporated into this rule by reference and
which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10078
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, FCC Form 5630 (09/18), OMB APPROVAL EDITION
3060-0819, entitled “Programa de Lifeline: Formulario de Recertificación,” is
also incorporated into this rule by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10080
or from the Universal Service Administrative Company’s website at
https://www.usac.org/_res/documents/li/pdf/nv/LI-SP_Recertification_UniversalForms.pdf.
(4) To obtain information necessary
to confirm whether a customer is eligible for Lifeline assistance in instances
where the customer shares an address with another Lifeline recipient, eligible
telecommunications carriers shall accept FCC Form 5631 (09/18), OMB APPROVAL
EDITION 3060-0819, entitled “Lifeline Program Household Worksheet,” which is
incorporated into this rule by reference and which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10081
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, FCC Form 5631 (09/18), OMB APPROVAL EDITION
3060-0819, entitled “Programa de Lifeline: Planilla de Hogar,” is also
incorporated into this rule by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10082
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) Eligible telecommunications
carriers must allow customers the option to submit Lifeline application and
recertification forms 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.
(3)(6) All eligible
telecommunications carriers shall participate in the Lifeline Promotion Simplified
Enrollment Process. For purposes of this rule, the Lifeline Promotion Simplified
Enrollment Process is an electronic interface between the Department of
Children and Familiesy Services, the Commission, and the eligible
telecommunications carrier to provide eligible consumers information on how
to apply for Lifeline assistance that allows low-income individuals to
enroll in Lifeline following enrollment in a qualifying public assistance
program.
(a) The eligible telecommunications
carrier shall maintain with the Commission the name(s), email address(es) and
telephone number(s) of at least one company representative who will manage the
user accounts on the Commission’s Lifeline secure website.
(b)(a) The Commission
shall send an email to the eligible telecommunications carrier informing the
eligible telecommunications carrier that a list of customers enrolled in a Lifeline
qualifying public assistance program is applications are available
for retrieval from the Commission’s Lifeline secure website.
(b) The eligible telecommunications
carrier shall maintain at least one current email 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
applications are available for retrieval.
(c) Eligible telecommunications
carriers shall contact customers on the list to whom they provide service and
that do not already participate in Lifeline, to inform them of the Lifeline
application process with the National Lifeline Eligibility Verifier. For
customers on the list that are not contacted by the eligible telecommunications
carrier, within 20 calendar days of receiving the Commission’s email
notification, the eligible telecommunications carrier shall provide to the
Commission the customer identification number, name, address, telephone number,
and the Department of Children and Families application date. This information
can be provided via the Commission’s dedicated Lifeline facsimile telephone
line at (850) 717-0108, an electronic response via the Commission’s Lifeline
secure website, or file the information with the Office of Commission Clerk.The
eligible telecommunications carrier shall maintain with the Commission the
names, email addresses and telephone numbers of at least one company
representative who will manage the user accounts on the Commission’s Lifeline
secure website.
(d) Within 20 calendar days of
receiving the Commission’s email notification that the Lifeline application is
available for retrieval, the eligible telecommunications carrier shall provide
a facsimile response to the Commission via the Commission’s dedicated Lifeline
facsimile telephone line at (850)717-0108, 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
applications; or
2. Applications for customers
currently receiving Lifeline assistance.
In lieu of a facsimile or electronic
submission, the eligible telecommunications carrier may file the information
with the Office of Commission Clerk.
(d)(e) Pursuant to Ssection
364.107(1), F.S., information filed by the eligible telecommunications carrier
in accordance with paragraph (36)(cd) of this rule
is confidential and exempt from Ssection 119.07(1), F.S. However, the
eligible telecommunications carrier may disclose such information consistent
with the criteria in Ssection 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
Ssection 364.107(3)(a)4., F.S.
(4) Eligible telecommunications
carriers must advertise the availability of Lifeline assistance. 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 assistance in a manner reasonably designed to reach
those likely to qualify for the assistance. Only posting the availability of
Lifeline assistance on an eligible telecommunications carrier’s website is
insufficient to meet this requirement. Advertising the availability of Lifeline
assistance can be achieved by using any of the following media: flyers, local
newspaper ads, local TV ads, mail, email, 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-10057,
charges must also be included in the Lifeline advertisement. The company may
redirect consumers to a toll free customer service number and website to see
applicable charges and fees in lieu of listing all charges in an advertisement.
(7) An eligible telecommunications
carrier shall not impose additional verification requirements on subscribers
beyond those which are required by this rule.
(8) Within 20 calendar days of
rejecting a Lifeline application, an eligible telecommunications carrier must
provide written notice to the customer providing the reason for rejecting the
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 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.
(5)(9) An eligible
telecommunications carrier or its designee must provide written notice prior to
the termination of Lifeline assistance pursuant to Title 47, Code of Federal
Regulations, Part 54, Subpart E, Section 54.405(e) Carrier obligation to
offer Lifeline, De-enrollment, as amended October 1, 2017. The
notice of impending termination shall contain the telephone number at which the
subscriber can obtain information about the subscriber’s Lifeline assistance
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.
(6)(10) All eligible
telecommunications carriers shall provide current Lifeline program 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) Eligible telecommunications
carriers must advertise the availability of Lifeline assistance. 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 assistance in a manner reasonably designed to reach
those likely to qualify for the assistance. Only posting the availability of
Lifeline assistance on an eligible telecommunications carrier’s website is
insufficient to meet this requirement. Advertising the availability of Lifeline
assistance can be achieved by using any of the following media: flyers, local
newspaper ads, local TV ads, mail, email, 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-10057,
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.
(7)(12) 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-10058.
Rulemaking
Authority 120.80(13)(d), 350.127(2), 364.10(2)(ij) FS. Law Implemented
364.10, 364.105, 364.183(1) FS. History–New 1-2-07, Amended 12-6-07, 6-23-10,
11-21-18, _______.
