| (a) Scope and purpose. Through this section, the commission
seeks to identify and make available Lifeline Service to all qualifying
customers and households, establish a procedure for Lifeline Automatic
Enrollment and Lifeline Self-Enrollment, and define the responsibilities
of all providers of local exchange telephone service that provide
Lifeline Service, qualified customers, the Texas Health and Human
Services Commission (HHSC), and the Low-Income Discount Administrator
(LIDA) Program.
(b) Applicability. This section applies to the following
providers of local exchange telephone service collectively referred
to in this section as Lifeline providers:
(1) ETC--A carrier designated as such by a state commission
pursuant to 47 C.F.R. §54.201 and §26.418 of this title
(relating to Designation of Common Carriers as Eligible Telecommunications
Carriers to Receive Federal Universal Service Funds) or a carrier
designated as an ETC by the FCC pursuant to 47 C.F.R. §54.201.
(2) ETP--A provider designated as an ETP as defined
by §26.417 of this title (relating to Designation as Eligible
Telecommunications Providers to Receive Texas Universal Service Funds
(TUSF)).
(3) Resale ETP (R-ETP)--A certificated provider that
provides local exchange telephone service solely through the resale
of an incumbent local exchange carrier's service and that has been
designated as a R-ETP as defined by §26.419 of this title (relating
to Telecommunication Resale Providers Designation as Eligible Telecommunications
Providers to Receive Texas Universal Service Funds (TUSF) for Lifeline
Service).
(4) Non-ETP/ETC Certificated Provider--Any certificated
provider of local exchange telephone service that chooses not to become
an ETP or an ETC as defined by §§26.417, 26.418, or 26.419
of this title.
(c) Definitions.
(1) Qualifying low-income customer--A customer who
meets the qualifications for Lifeline Service, as specified in subsection
(d) of this section.
(2) Toll blocking--A service provided by Lifeline providers
that let customers elect not to allow the completion of outgoing toll
calls from their telephone.
(3) Toll control--A service provided by Lifeline providers
that allow customers to specify a certain amount of toll usage that
may be incurred on their telephone account per month or per billing
cycle.
(4) Toll limitation--Denotes either toll blocking or
toll control for Lifeline providers that are incapable of providing
both services. For Lifeline providers that are capable of providing
both services, "toll limitation" denotes both toll blocking as defined
in paragraph (2) of this subsection and toll control as defined in
paragraph (3) of this subsection.
(5) Eligible resident of Tribal lands--A "qualifying
low-income customer," as defined in paragraph (1) of this subsection,
living on Tribal lands, as defined in 47 C.F.R. §54.400.
(6) Income--As defined in 47 C.F.R. §54.400 includes
all income actually received by all members of the household. This
includes salary before deductions for taxes, public assistance benefits,
social security payments, pensions, unemployment compensation, veteran's
benefits, inheritances, alimony, child support payments, worker's
compensation benefits, gifts, lottery winnings, and the like. The
only exceptions are student financial aid, military housing and cost-of-living
allowances, irregular income from occasional small jobs such as baby-sitting
or lawn mowing, and the like.
(d) Customer Eligibility Requirements. A customer is
eligible for Lifeline Service if they meet one of the criteria of
paragraph (1), (2), or (3) of this subsection as determined by the
Low-Income Discount Administrator (LIDA). Nothing in this section
shall prohibit a customer otherwise eligible to receive Lifeline Service
from obtaining and using telecommunications equipment or services
designed to aid such customer in utilizing qualifying telecommunications
services.
(1) The customer's household income is at or below
150% of the federal poverty guidelines as published by the United
States Department of Health and Human Services and updated annually;
(2) A customer who receives benefits from or has a
child that resides in the customer's household who receives benefits
from any of the following programs qualifies for Lifeline Services:
Medicaid, Supplemental Nutrition Assistance Program (SNAP), Supplemental
Security Income (SSI), Federal Public Housing Assistance, Low Income
Home Energy Assistance Program (LIHEAP), or health benefits coverage
under the State Child Health Plan (CHIP) under Chapter 62, Health
and Safety Code, National School Lunch Program--Free Lunch Program,
Temporary Assistance for Needy Families (TANF); or
(3) A customer is an eligible resident of Tribal lands
as defined in subsection (c)(5) of this section. In addition to the
programs listed in paragraph (2) of this subsection, residents of
Tribal lands may qualify if they are in one of the programs listed
in 47 C.F.R. §54.409(b).
(e) Lifeline Service Program. Each Lifeline provider
shall provide Lifeline Service as provided by this section. Lifeline
Service is a non-transferable retail local exchange telephone service
offering available to qualifying low-income customers. Lifeline Service
shall be provided according to the following requirements:
(1) Designated Lifeline services. Lifeline providers
shall offer the services or functionalities enumerated in 47 C.F.R. §54.101
(relating to Supported Services for Rural, Insular and High Cost Areas).
(2) Toll limitation. Lifeline providers shall offer
toll limitation to all qualifying low-income customers at the time
the customer subscribes to Lifeline Service. If the customer elects
to receive toll limitation that service shall become part of the customer's
Lifeline Service and the customer's monthly bill will not be increased
by otherwise applicable toll limitation charges.
(3) Disconnection of service.
(A) Disconnection. A certificated provider of local
exchange service shall be prohibited from disconnecting basic network
services listed in PURA §58.051 to a customer who receives Lifeline
Service because of nonpayment by the customer of charges for other
services billed by the provider, including interexchange telecommunications
service.
(B) A certificated provider of local exchange service
may block a lifeline service customer's access to all interexchange
telecommunications service except toll-free numbers when the customer
owes an outstanding amount for that service. The provider shall remove
the block without additional cost to the customer on payment of outstanding
amount.
(C) Discontinuance of Lifeline Discounts for customers
automatically enrolled. The eligibility period for automatically enrolled
customers is the length of their enrollment in HHSC benefits plus
a period of 60 days for renewal. Automatically enrolled customers
will have an opportunity to renew their HHSC benefits or self-enroll
with the LIDA upon the expiration of their automatic enrollment.
(D) Discontinuance of Lifeline discounts for customers
who have self-enrolled. Individuals not receiving benefits through
HHSC programs, but who have met Lifeline income qualifications in
subsection (d) of this section, are eligible to receive the Lifeline
discount for seven months, which includes a period of 60 days during
which the customer may renew their eligibility with the LIDA for an
additional seven months.
(4) Number Portability. Consistent with 47 C.F.R. §52.33,
Lifeline providers may not charge Lifeline customers a monthly number-portability
charge.
(5) Service deposit prohibition. If the qualifying
low-income customer voluntarily elects toll limitation from the Lifeline
provider, the Lifeline provider 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.
(6) Ancillary services. A Lifeline provider shall provide
customers who apply for or receive Lifeline Service access to available
vertical services or custom calling features, including caller ID,
call waiting, and call blocking, at the same price as other consumers.
Lifeline discounts shall only apply to that portion of the bill that
is for basic network services.
(7) Bundled packages. A Lifeline provider shall provide
customers who apply to receive Lifeline Service access to bundled
packages at the same price as other consumers less the Lifeline discount
that shall only apply to that portion of the bundled package bill
that is for basic network service.
(f) Lifeline support and recovery of support amounts.
Cont'd... |
