FCC Staff Extends Lifeline Deadline for Some States, Denies Others
FCC staff gave some states relief from a Friday Lifeline deadline to align state rules with the updated federal low-income program, as expected (see 1611300060). In an order Thursday, the commission granted in part and denied in part 10 waiver requests, including a USTelecom petition covering multiple states and individual requests by California, Wisconsin, Washington and Oregon. The Wireline Bureau order in docket 11-42 didn’t grant waivers for every state USTelecom requested.
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The FCC gave more time to California, Maryland, Michigan, New York, Utah, Vermont, Washington and Wisconsin to implement the amended Lifeline eligibility rules, but denied requests to waive the deadline to include the Veterans and Survivors Pension Benefit Program as a qualifying program. “In each of these eight states, the state has an eligibility database that eligible telecommunications carriers (ETCs) are required to use, but which has not yet been updated to align with the amended federal criteria,” the bureau said. The length of the extension varied by state, ranging from seven to 13 months. The agency gave Oregon until June 1 and California Oct. 31 to implement port freeze rules.
But staff denied other state waivers. “USTelecom did not show good cause to delay implementation of the Commission’s amended Lifeline eligibility rules in those states and territories,” the order said. The association didn't comment.
The Missouri Public Service Commission and the New Mexico Public Regulation Commission also didn't "provide sufficient cause to justify delay of implementation of the amended Lifeline eligibility rules," the decision said. That is "given that providers perform eligibility checks for qualifying Lifeline consumers in those states and thus are not fully impeded in efficiently determining whether a potential subscriber qualifies pursuant to the amended eligibility criteria.” The FCC denied waiver requests filed by Ohio and Oklahoma phone associations “because neither state maintains its own Lifeline eligibility verifier and thus carriers serving those states face no barrier in determining eligibility under the amended criteria.”
NARUC applauded the decision after last month passing a resolution asking the commission to approve the waiver request (see 1611140052). “NARUC is pleased that the FCC recognizes the challenges faced by state commissions to effectively implement and administer the new process,” President Robert Powelson said in a statement. “These waivers are needed to help resolve eligibility differences between state and federal Lifeline programs, obtain answers to several questions that still remain and most importantly, to ensure a smooth, efficient and effective transition.” Powelson also is a Pennsylvania telecom commissioner.
“Our state commissions and other stakeholders need sufficient time to ensure that these Lifeline changes are rolled out in a manner that does not cause confusion, errors or delays in service for consumers,” said NARUC Telecom Committee Chairman Chris Nelson, a South Dakota telecom regulator. “A rushed process does not serve the public interest. The FCC's granting states more time to efficiently change their statutes, rules and technological processes is a good example of cooperative federalism, which is commendable.”
The Wireline Bureau conditionally designated four companies as Lifeline broadband providers, in another order Thursday. Spot On Networks, Boomerang Wireless, Kona Tel and STS Media (FreedomPop) are eligible for broadband support in designated service areas.