38.5.3230 ELIGIBLE TELECOMMUNICATIONS CARRIERS -- CERTIFICATION AND VERIFICATION OF SUBSCRIBER ELIGIBILITY FOR FEDERAL LIFELINE/LINK-UP ON TRIBAL LANDS
(1) Each eligible telecommunications carrier providing federal
lifeline/link-up service to a qualifying low-income subscriber who is an
eligible resident of tribal lands, as defined at 47 CFR 54.400, must obtain
that subscriber's signature on a document certifying under penalty of perjury
that:
(a) the subscriber receives
benefits from one of the qualifying low-income programs designated by the
federal communications commission at 47 CFR 54.409 and related provisions, and
identifying the program or programs from which that subscriber receives
benefits; or
(b) the subscriber's
household income is at or below 135% of the federal poverty guidelines and that
the subscriber's presented documentation of income accurately represents the
subscriber's household income; and
(c) the subscriber will
notify the carrier if the subscriber ceases to participate in the qualifying
low-income program or programs or if the subscriber's income exceeds 135% of
the federal poverty guideline.
(2) If a subscriber is
qualifying for the federal lifeline/link-up program under the criterion of
household income below 135% of the federal poverty guidelines, an eligible
telecommunications carrier must require the subscriber to present documentation
of the subscriber's income prior to the subscriber's enrollment in the program
that is in accordance with the requirements adopted by the federal
communications commission at 47 CFR 54.410 and related provisions.
(3) In order to verify
subscribers' continued eligibility for the federal lifeline program on tribal
lands, each eligible telecommunications carrier must annually survey a
statistically valid sample of subscribers who have qualified either as
recipients of one of the qualifying low-income programs designated by the
federal communications commission or under the criterion of household income
under 135% of federal poverty guidelines. A subscriber contacted in the eligible
telecommunications carrier's survey must either certify, under penalty of
perjury, that the consumer continues to participate in the qualifying program
(program based eligibility) , or prove continued eligibility and self-certify
continued eligibility in accordance with the requirements adopted by the
federal communications commission, at 47 CFR 54.410 and related provisions (income-based
eligibility) . A subscriber's failure to respond to a survey will be
deemed a negative response for purposes of continued eligibility and, upon
proper notice, the subscriber will be removed from the federal lifeline
program.
(4) In lieu of the above
statistically valid sample, an eligible telecommunications carrier may do
annual notice to all subscribers requiring each subscriber to establish
continued eligibility for support.
History: 69-3-822, MCA; IMP, 69-3-840, MCA; NEW, 2005 MAR p. 820, Eff. 5/27/05.