(a) Scope and purpose. Through this section, the commission
seeks to extend Link Up Service to all eligible residents of Tribal
lands seeking telecommunications service from a telecommunications
carrier that is receiving federal high-cost support on Tribal lands
and define the responsibilities of participating telecommunications
carriers and qualified customers.
(b) Applicability. This section applies to designated
eligible telecommunications carriers (ETCs) 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 designated eligible telecommunications providers (ETPs) as defined
by §26.417 of this title (relating to Designation as Eligible
Telecommunications Providers to Receive Texas Universal Service Funds
(TUSF)) that are receiving federal high-cost support on Tribal lands
as defined in 47 C.F.R. §54.400, collectively referred to in
this section as participating telecommunications carriers.
(c) Definitions.
(1) Income--As defined in §26.412(c)(6) of this
title (relating to Lifeline Service Program).
(2) Eligible resident of Tribal lands--A "qualifying
low-income customer," as defined by §26.412(c)(1) of this title,
living on Tribal lands, as defined in 47 C.F.R. §54.400.
(d) Link Up for Tribal Lands. This is a program certified
by the Federal Communications Commission (FCC), pursuant to 47 C.F.R. §54.413,
that provides an eligible resident of Tribal lands with the following
assistance:
(1) Services.
(A) An eligible resident of Tribal lands shall receive
a reduction in the participating 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 100 percent of the customary charge or $100, whichever
is less.
(B) An eligible resident of Tribal lands may receive
a deferred schedule for payment of the charges assessed for commencing
service, for which the eligible resident of Tribal lands 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) Eligible resident of Tribal lands choice. A qualifying
eligible resident of Tribal lands is eligible for both of the services
set forth in paragraph (1)(A) and (B) of this subsection.
(3) Limitation on receipt. A participating telecommunications
carrier's Link Up for Tribal lands shall allow an eligible resident
of Tribal lands to receive the benefit of Link Up for Tribal lands
on subsequent occasions only for a principal place of residence with
an address different from the residence address at which the Link
Up for Tribal lands was provided previously.
(e) Obligations of the customer. Qualified eligible
residents of Tribal lands who want Link Up for Tribal lands and do
not have telephone service must initiate a request for service from
a participating telecommunications carrier providing local service
in their area.
(f) Obligations of the participating telecommunications
carrier. Participating telecommunications carriers shall provide Link
Up for Tribal lands to all eligible residents of Tribal lands in accordance
with this section.
(1) Tariff requirement. Each participating telecommunications
carrier shall file a tariff to implement Link Up for Tribal lands,
or revise its existing tariff for compliance with this section and
with applicable law.
(2) Notice of Link Up for Tribal Lands. A participating
telecommunications carrier shall publicize the availability of Link
Up for Tribal lands in a manner reasonably designed to reach those
likely to qualify for the service.
(3) Confidentiality agreements. The confidentiality
agreement executed by participating telecommunications carriers with
HHSC for Lifeline Service also extends to Link Up Service.
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