> **DA 07-1241**
>
> **Released: March 12, 2007**

**THE WIRELINE COMPETITION BUREAU SEEKS TO REFRESH THE**

**RECORD ON LIFELINE AND LINK-UP**

**PLEADING CYCLE ESTABLISHED**

**WC Docket No. 03-109**

**Comment Date:** \[30 days after date of publication in the Federal
Register\]

**Reply Comment Date:** \[45 days after date of publication in the
Federal Register\]

1.  By this Public Notice, the Wireline Competition Bureau (Bureau)
    seeks to refresh the record on issues raised in the *Further Notice
    of Proposed Rulemaking* in the Lifeline and Link-Up docket.[^1]
    Because comments on the issue were filed several years ago, the
    passage of time and intervening developments may have rendered the
    records developed by those commenters stale. Moreover, some issues
    raised by commenters may have become moot or irrelevant in light of
    intervening events. For these reasons, the Bureau requests that
    parties refresh the record with any new information or arguments
    they believe to be relevant to deciding the issues still pending.
    The refreshed record will enable the Commission to undertake
    appropriate consideration of the issue of how best to provide
    support through the Lifeline and Link-Up programs to more low-income
    individuals and families.

2.  Section 254 of the Communications Act of 1934, as amended (the
    Act),[^2] codified the Commission's and the states' historical
    commitment to advancing the availability of telecommunications
    services for all Americans.[^3] Among other things, this section
    reflects the principle that consumers in all regions of the Nation,
    including low-income consumers, should have access to
    telecommunications and information services that are reasonably
    comparable to those services provided in urban areas and that are
    available at rates that are reasonably comparable to rates charged
    in urban areas.[^4] The Lifeline/Link-Up program is one of several
    universal service support mechanisms that further these goals.[^5]

3.  Currently, federal default criteria specify that a consumer is
    eligible for Lifeline/Link-Up support when the consumer's income is
    at or below 135% of the Federal Poverty Guidelines (FPG), or if the
    consumer participates in one of several federal assistance programs,
    such as Temporary Assistance for Needy Families (TANF) or the
    National School Lunch's free lunch program (NSL).[^6]

4.  In the *Further Notice of Proposed Rulemaking* issued on April 24,
    2004, the Commission sought comment on whether the income-based
    criterion in the federal default eligibility criteria should be
    increased to 150% of the FPG to make phone service affordable to
    more low-income individuals and families. The Commission also sought
    to explore whether adoption of rules governing the advertisement of
    the Lifeline/Link-Up program, as opposed to guidelines, would
    strengthen the operation of these programs.[^7] For example, should
    an ETC be required to distribute materials in a second language if a
    certain percentage of the population in a given area speaks a
    language other than English, and if so, what percentage would
    trigger the requirement? The Commission now seeks to refresh the
    record on these and all other issues raised in the *Further Notice
    of Proposed Rulemaking*.

    Interested parties may file comments and reply comments on or before
    the date indicated on the first page of this document. Comments may
    be filed using: (1) the Commission's Electronic Comment Filing
    System (ECFS), (2) the Federal Government's eRulemaking Portal,
    or (3) by filing paper copies. *See Electronic Filing of Documents
    in Rulemaking Proceedings*, 63 FR 24121 (1998).

-   Electronic Filers: Comments may be filed electronically using the
    Internet by accessing the ECFS: <http://www.fcc.gov/cgb/ecfs/> or
    the Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Filers
    should follow the instructions provided on the website for
    submitting comments.

-   For ECFS filers, if multiple docket or rulemaking numbers appear in
    the caption of this proceeding, filers must transmit one electronic
    copy of the comments for each docket or rulemaking number referenced
    in the caption. In completing the transmittal screen, filers should
    include their full name, U.S. Postal Service mailing address, and
    the applicable docket or rulemaking number. Parties may also submit
    an electronic comment by Internet e-mail. To get filing
    instructions, filers should send an e-mail to <ecfs@fcc.gov>, and
    include the following words in the body of the message, "get form."
    A sample form and directions will be sent in response.

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-   Paper Filers: Parties who choose to file by paper must file an
    original and four copies of each filing. If more than one docket or
    rulemaking number appears in the caption of this proceeding, filers
    must submit two additional copies for each additional docket or
    rulemaking number.

Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S. Postal
Service mail). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.

The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The
filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any
envelopes must be disposed of [before]{.underline} entering the
building. Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and
Priority mail should be addressed to 445 12th Street, S.W., Washington
D.C. 20554.

People with Disabilities: To request materials in accessible formats for
people with disabilities (braille, large print, electronic files, audio
format), send an e-mail to <fcc504@fcc.gov> or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

**You may submit comments, identified by the above noted docket number,
by any of the following methods:**

-   Federal eRulemaking Portal:
    [http://www.regulations.gov](http://www.regulations.gov/). Follow
    the instructions for submitting comments.

-   Federal Communications Commission's Web Site:
    <http://www.fcc.gov/cgb/ecfs/>. Follow the instructions for
    submitting comments.

-   People with Disabilities: Contact the FCC to request reasonable
    accommodations (accessible format documents, sign language
    interpreters, CART, etc.) by e-mail: <FCC504@fcc.gov> or phone:
    202-418-0530 or TTY: 202-418-0432.

**In addition, one copy of each pleading must be sent to each of the
following:**

(1) The Commission's duplicating contractor, Best Copy and Printing,
    Inc., 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554,
    [www.bcpiweb.com](http://www.bcpiweb.com/); phone: 202-488-5300 fax:
    202-488-5563; and

(2) Antoinette Stevens, Telecommunications Access Policy Division,
    Wireline Competition Bureau, 445 12th Street, S.W., Room 5B-521,
    Washington, D.C. 20554; e-mail: <antoinette.stevens@fcc.gov>; and

(3) Erika Olsen, Telecommunications Access Policy Division, Wireline
    Competition Bureau, 445 12th Street, S.W. Room 5A-423, Washington,
    D.C. 20554; e-mail: erika.olsen@fcc.gov.

Filings and comments are also available for public inspection and
copying during regular business hours at the FCC Reference Information
Center, Portals II, 445 12th Street, S.W., Room CY-A257, Washington,
D.C. 20554. They may also be purchased from the Commission's duplicating
contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street,
S.W., Room CYB402, Washington, D.C. 20554, telephone: 202-488-5300, fax:
202-488-5563, or via e-mail [www.bcpiweb.com](http://www.bcpiweb.com/).

This matter shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission's *ex parte* rules.[^8] Persons making
oral *ex parte* presentations are reminded that memoranda summarizing
the presentations must contain summaries of the substance of the
presentation and not merely a listing of the subjects discussed. More
than a one or two sentence description of the views and arguments
presented generally is required.[^9] Other rules pertaining to oral and
written *ex parte* presentations in permit-but-disclose proceedings are
set forth in section 1.1206(b) of the Commission's rules.[^10]

For further information, please contact Erika Olsen, Telecommunications
Access Policy Division, Wireline Competition Bureau at 202-418-7400 or
TTY (202) 418-0484.

**- FCC -**

[^1]: *See Lifeline and Link-Up*, WC Docket No. 03-109, Report and Order
    and Further Notice of Proposed Rulemaking, 19 FCC Rcd 8302 (2004)
    (*Lifeline/Link-Up Report and Order*).

[^2]: Pub. L. No. 104-104, 110 Stat. 56 (1996). The Telecommunications
    Act of 1996 (the 1996 Act) amended the Communications Act of 1934
    (the Act).

[^3]: 47 U.S.C. § 254.

[^4]: 47 U.S.C. § 254(b).

[^5]: The Commission adopted Lifeline/Link-Up prior to passage of the
    1996 Act pursuant to its general authority under sections 1, 4(i),
    201, and 205 of the Act. *See* *Federal-State Joint Board on
    Universal Service,* CC Docket No. 96-45, Report and Order, 12 FCC
    Rcd 8776, 8952-53, para. 329 (1997) (*1997 Universal Service
    Order*); 47 U.S.C. §§ 151, 154(i), 201, 205.

[^6]: *See Lifeline and Link-Up Report and Order*, 19 FCC Rcd at 8308,
    para. 10.

[^7]: Currently, sections 54.405 and 54.411 of the Commission's rules
    require all eligible telecommunications carriers (ETCs) to publicize
    the availability of Lifeline and Link-Up in a manner reasonably
    designed to reach those likely to qualify for the service. 47 C.F.R.

    §§ 54.405(b), 54.411(d).

[^8]: 47 C.F.R. §§ 1.1200 *et seq*.

[^9]: *See* 47 C.F.R. § 1.1206(b)(2).

[^10]: 47 C.F.R. § 1.1206(b).