[Federal Register Volume 65, Number 191 (Monday, October 2, 2000)]
[Rules and Regulations]
[Pages 58662-58663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25220]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 54

[CC Docket No. 96-45; FCC 00-332]


Federal-State Joint Board on Universal Service: Promoting 
Deployment and Subscribership in Unserved and Underserved Areas, 
Including Tribal and Insular Areas

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission stays, on its own motion, the 
implementation of recently adopted federal Lifeline and Link Up 
assistance rule amendments only to the extent that they apply to 
qualifying low-income consumers living near reservations.

DATES: Effective September 5, 2000.

FOR FURTHER INFORMATION CONTACT: Paul Garnett, Attorney, Common Carrier 
Bureau, Accounting Policy Division, (202) 418-7400.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
and Further Notice of Proposed Rulemaking in CC Docket No. 96-45 
released on August 31, 2000. The full text of this document is 
available for public inspection during regular business hours in the 
FCC Reference Center, Room CY-A257, 445 Twelfth Street, S.W., 
Washington, D.C. 20554.

I. Introduction

    1. In this Order, we stay, on our own motion, the implementation of 
recently adopted federal Lifeline and Link Up assistance rule 
amendments only to the extent that they apply to qualifying low-income 
consumers living near reservations. We emphasize that this Order does 
not affect the implementation of the enhanced Lifeline and Link Up 
support for qualifying low-income consumers living on reservations. 
Those rules are unaffected and became effective on schedule on 
September 5, 2000, as directed by the Commission. Finally, as described 
in greater detail below, we extend until September 22, 2000, the date 
by which carriers may file data in order to receive support during the 
calendar year 2000 for enhanced Lifeline and Link Up services provided 
during the fourth quarter 2000.

II. Discussion

    2. Following the adoption of the definition of ``tribal lands'' in 
the Twelfth Report and Order, 65 FR 47941 (August 4, 2000), we became 
aware that the term ``near reservation,'' as it is currently defined by 
the BIA, may include wide geographic areas that do not possess the 
characteristics that warranted the targeting of enhanced Lifeline and 
Link Up support to reservations, such as geographic isolation, high 
rates of poverty, and low telephone subscribership. Such an outcome may 
not further our goal, as described in the Twelfth Report and Order, of 
increasing telecommunications deployment and subscribership in the most 
historically isolated and underserved regions of our Nation. Therefore, 
on our own motion we stay the implementation of the above-described 
Lifeline and Link Up assistance rule amendments to the extent that they 
apply to qualifying low-income consumers located ``near reservations,'' 
as that phrase is defined in section 20.1(r) of the BIA regulations. A 
notation is added to Sec. 54.400(e) of the Commission's rules stating 
that we have stayed the implementation of enhanced Lifeline and Link Up 
support for eligible residents of tribal lands to the extent that such 
support applies to qualifying low-income consumers living ``near'' 
reservations. We do not stay the application of enhanced Lifeline and 
Link Up programs to low-income individuals located on ``reservations,'' 
including on lands conveyed pursuant to the Alaska Native Claims 
Settlement Act.
    3. In the Twelfth Report and Order, we directed eligible carriers, 
interested in receiving enhanced Lifeline and Link Up support in the 
calendar year 2000 for services provided in the fourth quarter 2000, to 
submit to the Universal Service Administrative Company (USAC) by 
September 1, 2000, a letter from a corporate officer of the carrier 
containing detailed information and certifications regarding their 
provision of services to qualifying low-income consumers. In this 
Order, we extend until September 22, 2000, the date by which carriers 
may file data regarding their provision of eligible services to 
qualifying low-income consumers living on reservations, as defined by 
the BIA.

III. Ordering Clauses

    4. Pursuant to the authority contained in sections 1-4, 201-205, 
254, 303(r), and 403 of the Communications Act of 1934, as amended, and 
Sec. 1.3 and Sec. 1.429(k) of the Commission's rules, this Order is 
adopted.
    5. Pursuant to sections 1 and 4(i) of the Communications Act, and 
Sec. 1.3 and Sec. 1.429(k) of the Commission's rules, the application 
of enhanced Lifeline and Link Up programs to qualified low-income 
consumers living near reservations is stayed pending further Commission 
action.
    6. This order is effective upon release September 5, 2000.
    7. The Commission's Consumer Information Bureau, Reference 
Information Center, shall send a copy of this Order, to the Chief 
Counsel for Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 54

    Reporting and recordkeeping requirements, Telecommunications, 
Telephone.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes

    For the reasons set forth in the preamble, 47 CFR part 54 is 
amended as follows:
    1. The authority citation for part 54 continues to read as follows:

    Authority: 47 U.S.C. 1, 4(i), 201, 205, 214, and 254 unless 
otherwise noted.


    2. A note is added to 47 CFR 54.400(e) to read as follows:

[[Page 58663]]

Sec. 54.400  Terms and Definitions.

* * * * *
    (e) * * *

    Note to paragraph (e): This paragraph (e) is stayed to the 
extent that it applies to qualifying low-income consumers living 
``near reservations'' as that phrase is defined in 25 CFR 20.1(r).



[FR Doc. 00-25220 Filed 9-29-00; 8:45 am]
BILLING CODE 6712-01-U