Implementation and Outreach for Lifeline and Link Up Service
Automatic Enrollment
.
Subsection (c)(2)(C)(i)-(iv)
Based on AT&T's comments regarding the federal SLC, AT&T recommended
that in subsection (c)(2)(C)(i)-(iv), the dollar amounts should be eliminated.
The commission has made appropriate changes to address AT&T's concern.
Subsection (d): Link-Up Service Program
Subsection (d)(1)(B)
AT&T believed language should be added to allow the carrier to assess
late fees if a customer fails to meet their payment obligations under deferred
payment plans and the carrier should be allowed to disconnect service entirely
if payments are not made in a timely fashion.
The commission declines to incorporate AT&T's recommendation and notes
that this section was adopted from the federal statute.
Subsection (e): Obligations of the consumer and the eligible telecommunications
carrier
Subsection (e)(1)
AT&T again noted its objection to self-certification.
TDHS recommended the following: "Consumers who meet the requirements for
qualification listed in subsection (b) of this section but do not receive
benefits under the food stamp, Medicaid or Supplemental Security Income (SSI)
programs may provide their local eligible telecommunications carrier with
an affidavit of self-certification for Lifeline and/or Link Up Service benefits.
Consumers receiving food stamps, Medicaid or SSI benefits and who have telephone
service...."
Verizon sought clarification that self-certification is available for consumers
who qualify under any program in subsection (b) but for whom automatic enrollment
is not available, and that Link Up service requires the consumer to initiate
a request with their carrier of choice.
Worldcom recommended changing the language in subsection (e)(1) to require
that consumers notify TDHS if they do not want to receive Lifeline service.
However, TDHS responded that it does not have the capability to do anything
with that information at this time because it does not know who is or is not
enrolled in the program.
The commission believes that the changes it has made address many of the
concerns above. Although the commission recognizes the objections of some
parties to self-certification, it notes that
all
current recipients of Lifeline are self-certified. In addition, some
states, such as California, use self-certification alone for receipt of the
Lifeline discount, and, in this instance, self-certification is included to
allow qualifying customers outside of the database to legitimately receive
the benefit of the Lifeline discount. Further, at the public hearing, consumer
groups emphasized the importance of self-certification. Therefore, because
no harm is incurred by its inclusion and it may be advantageous to the enrollment
of a significant population of qualified customers, the commission has retained
self-certification in this rule. However, the commission disagrees with the
clarifications suggested by Verizon because the commission does not believe
that language clarifications are needed. The commission also disagrees with
Verizon that potential Link Up customers should be required to initiate a
request for service in order to receive services.
Subsection (e)(2)(A)(i)-(iii)
In subsection (e)(2)(A)(i), Verizon recommended that language be changed
from requiring an eligible telecommunications carrier (ETC) to provide service
within its territory to "offering" the service for qualified individuals in
its territory. In subsection (e)(2)(A)(i)(II), Verizon stated that it did
not believe that Link Up service is part of automatic enrollment as envisioned
by SB 560 and recommends customers be required to self-certify for Link Up
and that this section not be adopted.
TLSC agreed with other parties that subsection (e)(2)(A)(i) appears to
create a duplicative process and prefers a single direct mail notice be sent
by a third party on a semiannual basis and be paid for by the industry. TLSC
stated that the draft rule does not ensure that a TDHS client actually gets
the brochure and material. TLSC believed that this is a minimal requirement
to get people who deserve the program the services they need. TLSC wanted
the preamble to commit the commission and parties to a follow-up project to
track, analyze and make further recommendation regarding enrollment. TLSC
believed that a third party, like LIDA, or a third- party administrator could
conduct such outreach and do computer matches in the future.
AT&T recommended language be changed to require only the carrier serving
the qualifying end user to notify them of the discount. AT&T noted that
the directory and annual notice provided by all ETCs already provides advertisement
of the availability of Lifeline service. Again, AT&T recommended a 30-day
timeframe. AT&T suggested the following language to subsection (e)(2)(A)(ii):
"Upon receipt of the monthly update provided by TDHS under subsection (e)(2)
of this section, the eligible telecommunications carrier shall begin reduced
billing for those qualifying low-income consumers subscribing to services
within thirty days of receipt of the monthly update and fulfillment by the
consumer of all criteria necessary to initiate service with the carrier, whichever
is later."
In subsection (e)(2)(A)(ii), TDHS recommended the following: "Upon receipt
of the monthly update provided by TDHS under subsection (f)(2) of this section,
the eligible telecommunication carrier shall begin reduced billing for those
qualifying consumers." TDHS also noted that the reference to the monthly update
provided by TDHS should be in subsection (f)(2), not (e)(2).
TTA recommended changes to address concerns related to duplicative notice
by companies and to the Link Up program.
Worldcom recommended deletion of subsection (e)(2)(A)(i)(II) because mail-outs
for all non-matches are not necessary. Worldcom believed that the consequences
resulting from direct marketing requirements found in subsection (e) will
delay implementation of the rule. Worldcom agreed with TLSC that the expense
will be passed on to all consumers. Worldcom stated that the more we stray
from direct automatic enrollment (meaning processes developed between TDHS
and the industry to effectuate the transfer of information regarding eligible
customers in the direct provisioning of benefits) and incorporate direct marketing
or direct mail- out requirements, more time will be required to get this project
moving, which means less benefit to all Texas consumers. Worldcom opined that
costs and delay would be the unintended public interest consequences if the
rule were adopted as currently written, with multiple carriers sending letters
to non-matches.
AT&T recommended subsection (e)(2)(A)(iii) be deleted in its entirety
because of its objections to self-certification.
In subsection (e)(2)(A)(iii), TDHS recommended: "The eligible telecommunications
carrier shall provide an affidavit of self-certification to all customers
who may meet the criteria of subsection (b) of this section but do not receive
benefits from TDHS...."
The commission has deleted subsection (e)(2)(A)(i)(II) because it is persuaded
by the parties' arguments that this will reduce duplication for LECs and confusion
for end users. As addressed more fully above, the commission disagrees with
AT&T's position on self-certification. Also, the commission declined TDHS'
language suggestions because, as stated previously, the commission believes
that "low-income" should be included in the rule language.
Subsection (e)(2)(B)
AT&T objected to subsection (e)(2)(B) for the same reasons as subsection
(e)(2)(A), that notice will be duplicative. Also, AT&T saw no basis for
this subsection related to Link Up service because it is not addressed specifically
in SB 560. AT&T recommended it be deleted in its entirety.
TDHS recommended: "The eligible telecommunications carrier shall provide
Link Up Service to all qualifying consumers...."
TTA and TLSC recommended changes to address concerns related to duplicative
notice by companies and to the Link Up program.
Verizon recommended that "provide" be replaced with "offer" and that the
qualification "within the ETC's service territory" be added.
Worldcom objected to subsection (e)(2)(B) and stated its position that
Link Up is a separate program from Lifeline and this subsection requires ETCs
to effectively solicit new customers who will be Lifeline-eligible.
The commission believes promotion of service connection for customers who
do not have existing service is part of the intent behind automatic enrollment
and, although installation of service will not be "automatic," provisions
for Link Up Service are necessary in the rule. The commission has made revisions
pursuant to the recommendations of parties that it believes address the above
concerns.
Subsection (f): Memorandum of Understanding
TDHS wanted to make clear that the format will be the same for every carrier.
Subsection (f)(2)(A)
TDHS believed the wording of this section should be changed to reflect
the negotiated wording of the memorandum of understanding (MOU) or should
be changed to generally refer to the MOU executed between the commission and
TDHS. Barring that, TDHS recommended the following revision in subsection
(f)(2)(A), "TDHS will identify all active recipients of food stamp, Medicaid
and SSI benefits who are therefore eligible for Lifeline and Link Up Service."
TDHS stated that the client information it will provide is its minimum requirement,
but TDHS may agree with the telephone companies to add additional client information,
if necessary.
TLSC recommended that the commission work with TDHS to devise a specific
process to insure that TDHS clients receive the outreach materials through
TDHS' field offices and that this is included in the MOU.
The commission has incorporated the recommendations of TDHS. The commission
does not believe the language recommended by TLSC is necessary at this time.
During the public hearing, TDHS and the LECs indicated their willingness to
accommodate outreach through TDHS' field offices and this matter will be addressed
further in the follow-up project. The MOU only addresses the activities required
by TDHS of the commission and by the commission of TDHS to accomplish a cooperative
effort to implement automatic enrollment practices.
Subsection (f)(2)(B)
Worldcom believed subsection (f)(2)(B) should be modified to state that
TDHS would provide its file via file transfer protocol (FTP).
TTA and AT&T proposed, as an alternative to an FTP format, that an
Internet site be set up.
The commission agrees with the comments made at the public hearing that
Worldcom's recommendation is too limiting. TDHS indicated at the public hearing
that an Internet site would likely be established in the future. Again, the
commission is encouraged by TDHS' cooperative interaction with the carriers
and believes the database, its administration, and carrier use will evolve
to accomplish the goal of automatic enrollment. Therefore, the commission
has addressed the possibility of future evolution by maintaining neutrality
in this section so that the parties may have the opportunity to create a database
structure that meets their needs.
Subsection (f)(2)(C)
TDHS recommended the following revision to subsection (f)(2)(C): "TDHS
and the eligible telecommunications carriers may agree on another format to
the initial list. TDHS will provide each carrier's list using the same format."
TDHS noted that it intends to provide data to each carrier using the same
format and is negotiating with the carriers as a group to determine what that
format will be.
The commission has incorporated changes to address TDHS' concern.
All parties unanimously supported the use of social security numbers to
match customers.
AT&T believed the key element in identifying a qualifying customer
is the telephone number and emphasized its concern regarding consistent availability
of telephone numbers from TDHS' database. In addition, AT&T expressed
its concern regarding customer privacy but noted that the rule does not address
situations in which a telephone number does not match the name of the qualifying
customer. Although AT&T does not use social security numbers, AT&T
had no objection to carriers using social security numbers to identify customers.
Worldcom recommended modifying subsection (f)(2)(C) to have TDHS provide
social security numbers because it is more reliable than phone numbers or
addresses. Worldcom believed that this is the best way of matching customers,
which lowers administrative costs to carriers and increases the number of
consumers receiving benefits, making the use of social security numbers good
for consumers and carriers. In addition, Worldcom recommended that this subsection
should be modified to say that monthly lists would only include new Lifeline
eligible consumers and that there will be one annual file for deletions from
the qualifying programs.
TDHS stated that it had received authorization from the Social Security
Administration to share information related to supplemental security income
recipients including social security numbers and also believed that the use
of social security numbers would ensure more customers successfully being
matched.
SWBT believed that there is no other reliable way to match consumers without
social security numbers and strongly recommended that social security numbers
be used to alleviate problems with similar or misspelled names or addresses.
Although TLSC usually does not support the of use social security numbers,
TLSC believed that they are necessary in this instance to guarantee accuracy.
TLSC believed that too many mismatches would occur without the ability of
carriers to match customers using social security numbers.
The commission agrees with commentors that the use of social security numbers,
where available to TDHS, in its database will increase the accuracy and number
of matches. Although the commission is concerned about the use of social security
numbers, the commission believes that the confidentiality agreement between
TDHS and the LECs will ensure the necessary privacy protection for customers.
Subsection (f)(2)(D)
AT&T believed that TDHS should provide a list of the deleted consumers
monthly instead of a list of the eligible consumers that would require the
carrier to do a database search to eliminate the non-qualifying clients.
AT&T's recommendation has merit but is apparently impractical at present
according to comments received at the hearing.
Subsection (g): Tariff requirement
No comments were received on this section.
Subsection (h): Review of Affidavits of Self-Certification, letters and
notices provided by carriers
AT&T objected to any commission review
and
approval
of its materials for consumers. Worldcom stated that it wants
the flexibility to use whatever type of form it finds reasonable, so as not
to incur any additional development costs in complying with the exact wording
of a form that the commission might want to use as a uniform self-certification
form. However, Worldcom concurred that it is reasonable in the future for
the commission to create some uniformity with the forms.
After extensive discussion at the public hearing, the commission concludes
that the commission must review the forms, but that the LECs will not be required
to make immediate changes to printed materials. Instead, the commission proposes
in a follow-up project to review these materials and work to develop uniform
letters, notices and self-certification forms to be used by all parties on
a going forward basis only.
Subsection (i): Implementation timeline
AT&T recommended the commission establish a compliance timeline and
require a waiver if a carrier cannot meet that timeline.
TLSC was concerned about timely implementation and compliance by the carriers
and believed that the rule proposed allows carriers too much time to comply
with legislation already old. TLSC emphasized that the industry has had over
a year to prepare for automatic enrollment and that implementation should
occur immediately upon adoption of the rule.
Verizon disagreed with TLSC's recommendation regarding implementation and
believes that six months is appropriate.
TTA & TSTCI took issue with TLSC's comments because of the implication
that the industry is "holding up" the process of automatic enrollment and
is not in compliance with legislative mandates. TTA & TSTCI believe that
this process requires detailed coordination of efforts and TDHS cannot do
the bulk of its work until a rule is finalized. TTA & TSTCI believe to
do otherwise would be an ineffective use of resources and investment.
AT&T stated that TLSC's contention that all carriers should implement
automatic enrollment at the time the commission adopts the rule is unsupportable
and legally inaccurate, as well as fundamentally lacking in an understanding
of the business needs of the carriers. AT&T projected a six-month period,
at a cost of $300,000 - $600,000, between adoption of the rule and carrier
implementation.
Worldcom and SWBT supported staff's language as proposed. SWBT outlined
a process for implementation, which SWBT believed would take approximately
six months to complete.
Although the commission appreciates TLSC's concerns regarding the timeline,
the changes made in this section accept the practical implications of implementation
as the parties have expressed them.
Subsection (j): Reporting requirements
AT&T opposed the collection and reporting of data on Lifeline customers
because the notice required in subsection (e)(2)(A)(ii)(II) is wasteful and
should be deleted and asserted that the information would be meaningless.
AT&T stated that this runs counter to the goal of SB 560 which requires
TDHS to identify the consumers who are eligible and create a database for
the collection of such data as may be needed.
Worldcom believed that subsection (j)(1) should be modified as a result
of the deletion of subsection (e)(2)(A)(i)(II).
SWBT suggested language "within one year of the effective date," because
carriers have up to 180 days to implement, with a report due 180 days later.
The commission concludes that better information may be obtained after
a full year of implementation and has made the appropriate changes allowing
the commission to determine, based on carrier reports, the effectiveness of
the automatic enrollment process.
Subsection (k): Notice of Lifeline and Link Up Services
AT&T recommended modification to clarify that notice in a directory
is satisfactory.
TLSC stated that this section should be amended to include a bilingual
notice. TLSC also stated that the goal here should be to have a rule that
ensures that those people who are eligible for Link Up receive the benefits.
The annual bill notice in this section is a requirement of the federal
statutes. In addition, as a result of the hearing discussions with consumer
groups, the commission has added language regarding bilingual notice with
the intent of greater outreach.
Subsection (l): Confidentiality agreements
No comments were received on this section.
All comments, including any not specifically referenced herein, were fully
considered by the commission. In adopting this rule, the commission makes
other minor modifications for the purpose of clarifying its intent.
This amendment is adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2001) (PURA) which provides the commission with the authority to make and
enforce rules reasonably required in the exercise of its powers and jurisdiction;
and specifically, §55.012 and §55.015, which require that the commission
adopt rules providing for automatic enrollment of eligible consumers to receive
Lifeline Service.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002, §55.012
and §55.015.
§26.412.Lifeline Service and Link Up Service Programs.
(a)
Scope and purpose. Through this rule the commission seeks
to extend Lifeline Service and Link Up Service to all qualifying end users
and establish a procedure for the Lifeline Automatic Enrollment Program. This
section applies to eligible telecommunications carriers as defined by §26.418
of this title (relating to Designation of Common Carriers as Eligible Telecommunications
Carriers to Receive Federal Universal Service Funds) and §26.417 of this
title (relating to Designation as Eligible Telecommunications Providers to
Receive Texas Universal Service Funds (TUSF)).
(b)
Lifeline Service and Link Up Service. Each eligible telecommunications
carrier shall provide Lifeline Service and Link Up Service as provided by
this section. A customer with an income at or below 125% of the federal poverty
guidelines, or receiving benefits from any of the following programs qualifies
for Lifeline and Link Up Services: Medicaid, food stamps, Supplemental Security
Income (SSI), federal public housing assistance, or Low Income Energy Assistance
Program (LIHEAP). A customer eligible for Lifeline Service is automatically
eligible for Link Up Service. However, a customer may qualify for and receive
Link Up Service independently of Lifeline Service. Nothing in this section
shall prohibit a customer otherwise eligible to receive Lifeline Service and/or
Link Up Service from obtaining and using telecommunications equipment or services
designed to aid such customer in utilizing qualifying telecommunications services.
(c)
Lifeline Service Program. Lifeline Service is a retail
local service offering available to qualifying low-income customers. Eligible
telecommunications' carriers provide qualifying end users with a waiver of
the federal subscriber line charge (SLC) and an additional discount up to
$7.00 per monthly bill and are reimbursed from federal and state universal
service funds.
(1)
Provision of Lifeline Service. Lifeline Service shall be
provided according to the following requirements.
(A)
Designated Lifeline services. The eligible telecommunications
carrier shall offer the services or functionalities enumerated in 47 Code
of Federal Regulations §54.101(a)(1)-(9) (relating to Supported Services
for Rural, Insular and High Cost Areas).
(B)
Toll blocking.
(i)
Toll blocking requirements. The eligible telecommunications
carrier shall offer toll blocking to all qualifying low-income customers at
the time such customers subscribe to Lifeline Service. If the customer elects
to receive toll blocking, that service shall become part of the customer's
Lifeline Service and the customer's monthly bill will not be increased by
the toll blocking charge.
(ii)
Waiver. The commission may grant a waiver of the requirement
of clause (i) of this subparagraph upon a finding that exceptional circumstances
prevent an eligible telecommunications carrier from providing toll blocking.
The period for the waiver shall not extend beyond the time that the commission
deems necessary for that eligible telecommunications carrier to complete network
upgrades to provide toll blocking services.
(C)
Disconnection of service.
(i)
Disconnection prohibition. An eligible telecommunications
carrier may not disconnect Lifeline Service for non-payment of toll charges.
(ii)
Discontinuance of Lifeline Discounts when eligibility
ends. Upon notice by the Texas Department of Human Services (TDHS), pursuant
to subsection (f)(2)(D) of this section, that an end user no longer qualifies
for Lifeline Service, the eligible telecommunications carrier shall provide
a direct mail notice to the end user advising that the Lifeline Service discount
will be discontinued 30 days from the date of the notice unless the end user
notifies the eligible carrier that an error has been made. If the end user
notifies the carrier of an error, the Lifeline Service discount will be continued
for an additional 30 days to allow the end user adequate time to correct records
and obtain an affirmation of eligibility from TDHS. If the end user has not
obtained an affirmation of eligibility from TDHS by the end of the 60-day
period, Lifeline Service may be discontinued and the end user's service and
billing will continue at applicable tariffed rates.
(iii)
Discontinuance of Lifeline Discounts for customers who
have self- certified. Individuals not receiving benefits through TDHS programs,
but who have met Lifeline income qualifications in subsection (b) of this
section, may be required to verify their status with an affidavit. Eligible
telecommunications carriers may require such verification annually and notify
customers receiving Lifeline Service by direct mail that the accompanying
affidavit must be submitted within 60 days to continue the Lifeline service.
If the customer does not respond within 60 days, the Lifeline discount will
cease and service will continue at applicable tariffed rates.
(D)
Service deposit prohibition. If the qualifying low-income
customer voluntarily elects toll blocking from the eligible telecommunications
carrier, the carrier may not collect a service deposit pursuant to §26.24
of this title (relating to Credit Requirements and Deposits), in order to
initiate Lifeline Service.
(2)
Lifeline support.
(A)
Lifeline support amounts. Lifeline support amounts per
qualifying low- income customer shall be provided according to the provisions
of this paragraph.
(i)
Federal baseline Lifeline support amount. An eligible telecommunications
carrier shall grant a waiver of the monthly federal subscriber line charge
(SLC) to qualifying low-income customers. If the eligible telecommunications
carrier does not charge the federal SLC, it shall apply the federal baseline
support amount to reduce its lowest tariffed residential rate for supported
services.
(ii)
State-approved $1.75 reduction. Pursuant to 47 Code of
Federal Regulations §54.403 (relating to Lifeline Support Amount), an
eligible telecommunications carrier shall give a qualifying low- income customer
a state-approved reduction of $1.75 in the monthly amount of intrastate charges
paid.
(iii)
Additional state reduction with federal matching. Pursuant
to 47 Code of Federal Regulations §54.403, an eligible telecommunications
carrier shall give a qualifying low-income customer the following:
(I)
an additional state-approved reduction of $3.50 in the
monthly amount of intrastate charges; and
(II)
a further federally approved reduction of $1.75.
(B)
Recovery of support amounts.
(i)
Federal baseline Lifeline support. An eligible telecommunications
carrier shall be entitled to recover the support amount required by subparagraph
(A)(i) of this paragraph pursuant to 47 Code of Federal Regulations §54.407
(relating to Reimbursement for offering Lifeline), through the federal USF.
(ii)
State-approved $1.75 reduction. An eligible telecommunications
carrier shall be entitled to recover federal Lifeline support pursuant to
47 Code of Federal Regulations §54.407 to recover the reduction amount
required by subparagraph (A)(ii) of this paragraph.
(iii)
Additional state reduction with federal matching.
(I)
An eligible telecommunications carrier shall be entitled
to recover support from the Texas Universal Service Fund to recover the reduction
amount required by subparagraph (A)(iii)(I) of this paragraph.
(II)
An eligible telecommunications carrier shall be entitled
to recover federal Lifeline support pursuant to 47 Code of Federal Regulations §54.407
to recover the reduction amount required by subparagraph (A)(iii)(II) of this
paragraph.
(C)
Application of support amounts.
(i)
An eligible telecommunications carrier that is also an
incumbent local exchange company (ILEC) as defined by §26.5 of this title
(relating to Definitions) that offered, as of June 1, 1997, a tariffed $3.50
Lifeline Service rate discount in addition to the $3.50 waiver of the federal
SLC, must reduce rates for services determined appropriate by the commission
by an amount equivalent to the amount of support it is eligible to receive.
If such ILEC does not reduce its rates pursuant to a commission order, it
shall not be eligible to receive support.
(ii)
Eligible telecommunications carriers that charge the federal
SLC or equivalent federal charges shall apply the federal baseline Lifeline
support to waive a qualified low-income customer's federal SLC. The state-approved
reductions of $1.75 and $3.50 and the additional federally approved reduction
of $1.75 shall be applied to reduce the monthly intrastate end user charges
paid by the qualifying low-income customers.
(iii)
Eligible telecommunications carriers that do not charge
the federal SLC or equivalent federal charges shall apply the federal baseline
Lifeline support amount, plus the state-approved reduction of $1.75 and $3.50
and the additional federally approved reduction of $1.75 to reduce their lowest
tariffed residential rate for the supported services and charge qualified
low-income customers the resulting amount.
(iv)
The monthly discounted residential rate for qualified
low-income customers may not be reduced below $2.50.
(d)
Link Up Service Program. This is a program certified by
the Federal Communications Commission (FCC), pursuant to 47 CFR §54.411,
that provides a qualifying low- income customer with the following assistance:
(1)
Services.
(A)
A qualifying low-income customer may receive a reduction
in the eligible telecommunications carrier's customary charge for commencing
telecommunications service for a primary single line connection at the customer's
principal place of residence. The reduction shall be half of the customary
charge or $30, whichever is less.
(B)
A qualifying low-income customer may receive a deferred
schedule for payment of the charges assessed for commencing service, for which
the customer does not pay interest. Interest shall be waived for connection
charges of up to $200 that are deferred for a period not to exceed one year.
Charges assessed for commencing service include any charges that the carrier
customarily assesses to connect subscribers to the network. These charges
do not include any permissible security deposit requirements. Deferred payment
of these charges will not be subject to late fees or additional service fees.
(2)
Qualifying low-income customer choice. A qualifying low-income
customer is eligible for both of the services set forth in paragraphs (1)(A)
and (B) of this subsection.
(3)
Limitation on receipt. An eligible telecommunications carrier's
Link Up Service shall allow a qualifying low-income customer to receive the
benefit of Link Up Service on subsequent occasions only for a principal place
of residence with an address different from the residence address at which
the Link Up Service was provided previously.
(e)
Obligations of the customer and the eligible telecommunications
carrier.
(1)
Obligations of the customer. Customers who meet the low-income
requirement for qualification but do not receive benefits under the programs
listed in subsection (b) of this section may provide their local eligible
telecommunications carrier with an affidavit of self-certification for Lifeline
and/or Link Up Service benefits. Customers receiving benefits under the programs
listed in subsection (b) of this section and who have telephone service will
be subject to the Lifeline automatic enrollment procedures of TDHS unless
they provide their local carrier with a request to be excluded from Lifeline
Service. Customers receiving benefits under the programs listed in subsection
(b) of this section and who do not have telephone service must initiate a
request for service from eligible telecommunications carriers providing local
service in their area.
(2)
Obligations of eligible telecommunications carriers.
(A)
Lifeline Service.
(i)
The eligible telecommunications carrier shall provide Lifeline
Service to all eligible customers identified by TDHS within its service area
in accordance with this section.
(I)
The eligible telecommunications carrier shall identify
those customers on the initial list(s) provided by TDHS to whom it is providing
telephone service and shall begin reduced billing for those qualifying low-income
customers in accordance with the timeline filed with the commission pursuant
to subsection (i) of this section.
(II)
The eligible customer shall not be charged for changes
in telephone service arrangements that are made in order to qualify for Lifeline
Service, or for service order charges associated with transferring the account
into Lifeline Service. If the eligible customer changes the telephone service
or initiates new service, the eligible telecommunications carrier shall begin
reduced billing at the time the change of service becomes effective or at
the time new service is established.
(ii)
Upon receipt of the monthly update provided by TDHS under
subsection (e)(2) of this section, the eligible telecommunications carrier
shall begin reduced billing for those qualifying low-income customers subscribing
to services within 30 days of receipt of the monthly update.
(iii)
The eligible telecommunications carrier shall provide
a blank affidavit of self-certification to all customers who may meet the
low-income criteria of subsection (b) of this section but do not receive benefits
from TDHS and shall provide such affidavit by direct mail at the customer's
request. Upon receipt of the customer's signed affidavit the eligible telecommunications
carrier shall initiate Lifeline Service within 30 days. The eligible telecommunications
carrier may require annual verification pursuant to the procedure in subsection
(c)(i)(C)(iii) of this section.
(B)
Link Up Service. The eligible telecommunications carrier
shall provide Link Up Service to all qualifying low-income customers as described
in this section. Upon receipt of the self-certification affidavit, the eligible
telecommunications carrier will initiate contact, by direct mail or telephone,
with the qualifying customer to determine any necessary information required
to accomplish a request for new service. The customer will remain eligible
for the Link Up discounts for the 12-month period covered by the self-certification
affidavit but the customer will be required to contact the eligible telecommunications
carrier to initiate an order for service.
(f)
Memorandum of Understanding. Pursuant to a Memorandum of
Understanding (MOU) between the commission and TDHS to facilitate automatic
enrollment of eligible customers in Lifeline, the commission and the TDHS
will undertake the following obligations.
(1)
Commitments of the commission.
(A)
The commission will provide TDHS with a listing of eligible
telecommunications carriers in the state. The listing will include the carriers'
mailing addresses, a list of the counties served by each carrier, and a carrier
contact for Lifeline and Link Up Services.
(B)
On a monthly basis, the commission will provide electronic
updates to the listing set out in subparagraph (A) of this paragraph, including
changes, additions or deletions to the listing.
(C)
The commission will work with TDHS and the eligible telecommunications
carriers to develop informational material on Lifeline and Link Up Services
for distribution to eligible customers through TDHS' field offices.
(D)
The commission will provide TDHS with other information
available to the commission that will assist TDHS in implementing an automatic
enrollment system for eligible customers.
(2)
Commitments of TDHS
(A)
TDHS will identify all active recipients of the benefits
in subsection (b) of this section who are therefore eligible for Lifeline
and Link Up Service.
(B)
By March 2, 2001, provided that TDHS has received a signed
confidentiality agreement pursuant to subsection (1) of this section, TDHS
will provide each eligible telecommunications carrier with an initial list
of eligible customers for automatic enrollment in Lifeline Service in an electronic
format.
(C)
The initial list set out in subparagraph (B) of this paragraph
shall include the name, address, county, telephone number, if available, and
social security number (SSN) of the qualifying customer. TDHS and an eligible
telecommunications carrier may agree on another format to the initial list.
(D)
TDHS will provide electronic updates to the initial list,
in the same format, to each eligible telecommunications carrier. The monthly
updates provided by TDHS will include new eligible customers only. An annual
update provided by TDHS will include "deletes", defined as a person or persons
who have ceased being eligible or ceased receiving benefits from TDHS. The
annual delete file will be provided by TDHS on February 1 of each year, beginning
February 1, 2002.
(E)
TDHS will work with the commission and the eligible telecommunications
carriers to develop informational material on Lifeline and Link Up Services
for distribution to eligible customers through TDHS' field offices.
(g)
Tariff requirement. Each carrier seeking designation as
an eligible telecommunications carrier shall file a tariff to implement Lifeline
Service and Link Up Service, or revise its existing tariff for compliance
with this section and with applicable law, prior to filing its application
for designation as an eligible telecommunications carrier. Within 60 days
of the effective date of this section all carriers currently offering Lifeline
and Link Up Service shall file a revised tariff in compliance with this section.
No other revision, addition, or deletion unrelated to Lifeline Service and
Link Up Service shall be contained in the tariff application.
(h)
Review of Affidavits of Self-Certification, letters and
notices provided by eligible telecommunications carriers. Within 30 days of
the effective date of this section, eligible telecommunications carriers must
provide drafts of its standard affidavit of self- certification for low-income
customers and any proposed letters, notices, or informational material, including
text of its directory notice, to be used pursuant to this section for commission
review and approval.
(i)
Implementation timeline. Telecommunications carriers must
implement the Lifeline Service Automatic Enrollment Program within 180 days
after the effective date of this section.
(j)
Reporting requirements.
(1)
After receipt of the initial TDHS eligibility list and
then annually on the anniversary of the date of the telecommunications carrier's
full implementation of the automatic Lifeline enrollment process, all eligible
telecommunications carriers shall file with the commission a report detailing
how many customers were enrolled through the Lifeline Automatic Enrollment
Program.
(2)
Texas Universal Service Fund (TUSF). An eligible telecommunications
carrier providing Lifeline Service pursuant to this section shall report information
as required by the commission or the TUSF administrator, including but not
limited to the following information.
(A)
Initial reporting requirements. An eligible telecommunications
carrier shall provide the commission and the TUSF administrator with information
demonstrating that its Lifeline Service plan meets the requirements of this
section.
(B)
Monthly reporting requirements. An eligible telecommunications
carrier shall report monthly to the TUSF administrator the total number of
qualified low-income customers to whom Lifeline Service was provided for the
month by the eligible telecommunications carrier.
(C)
Other reporting requirements. An eligible telecommunications
carrier shall report any other information required by the commission or the
TUSF administrator, including any information necessary to assess contributions
to and disbursements from the TUSF.
(3)
Federal Lifeline Service Program. An eligible telecommunications
carrier shall file the following information with the administrator of the
Federal Lifeline Program:
(A)
information demonstrating that the eligible telecommunications
carrier's Lifeline Service plan meets the criteria set forth in 47 Code of
Federal Regulations Subpart E (relating to Universal Service Support for Low-
Income Consumers);
(B)
the number of qualifying low-income customers served by
the eligible telecommunications carrier;
(C)
the amount of state assistance; and
(D)
other information required by the administrator of the
Federal Lifeline Program.
(k)
Notice of Lifeline and Link Up Services. An eligible telecommunications
provider shall provide notice of Lifeline and Link Up Services in any directory
it distributes to its customers and shall provide an annual bill message advising
customers of the availability of Lifeline and Link Up Services. In any instance
where the carrier provides bilingual (English and Spanish) information in
its directory and annual bill messages, the carrier must also provide its
notice regarding Lifeline and Link Up Service in a bilingual format.
(l)
Confidentiality agreements. Eligible telecommunications
carriers must execute a confidentiality agreement with TDHS prior to receiving
the eligible customer list pursuant to subsection (f)(2)(B) of this section.
The agreement will specify that client information is released by TDHS to
the carrier for the sole purpose of providing Lifeline and/or Link Up Service
to eligible customers and that the information cannot be released by the carrier
or used by the carrier for any other purpose.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 12, 2001.
TRD-200100862
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: March 4, 2001
Proposal publication date: September 1, 2000
For further information, please call: (512) 936-7308