Lifeline/Low-Income Consumers

The Federal Communications Commission began a rulemaking which would adopt new procedures to protect federal funds from misuse. The proposed rules would provide the FCC with broader and more flexible authority to promptly remove bad actors from participation in the Universal Service Fund (USF), the Telecommunications Relay Services (TRS) Fund, and the National Deaf-Blind Equipment Distribution Program. The proposal would align FCC rules with the Office of Management and Budget’s Guidelines to Agencies on Government Debarment and Suspension.

The Federal Communications Commission addresses the petition of CTIA and others seeking a waiver of the FCC’s rules updating the Lifeline program’s minimum service standard for mobile broadband usage, which otherwise would take effect on Dec 1, 2019.

The Federal Communications Commission released a Report and Order aimed at strengthening the Lifeline’s program’s enrollment, recertification, and reimbursement processes so that Universal Service Fund dollars are directed only toward qualifying low-income consumers. Specifically, these reforms include:

The Federal Communications Commission began subsidizing home phone lines in 1985 to provide “the opportunities and security that phone service brings” to people who cannot afford it, according to the FCC’s website. The Lifeline program started including cellphone plans in 2005. Currently, subscribers receive $9.25 per month to put toward a discounted cellphone plan designed by provider companies. For some, that means a cap of 250 voice minutes and 2 GB of mobile data.

Sprint reported losing nearly 300,000 phone subscribers in the latest quarter alongside profit losses and revenue declines, and felt a negative impact from its issues with the government’s Lifeline program.

In the next decade, everyone in America should be able to use High-Performance Broadband.

The purpose of Broadband for America’s Future: A Vision for the 2020s is to collect, combine, and contribute to a national broadband agenda for the next decade, enlisting the voices of broadband leaders in an ongoing discussion on how public policy can close the digital divide and extend digital opportunity everywhere. Leaders at all levels of government should ensure that everyone is able to use High-Performance Broadband in the next decade by embracing the following building blocks of policy:

On May 16, 2019, Rep Brian Mast (F-FL) wrote to Federal Communications Commission Chairman Ajit Pai asking if the FCC would grant a waiver request that would provide interim relief by allowing service providers to assist consumers by providing eligibility information to the National Verifier in batches for an eligibility determination, or if the FCC would establish some alternate form of electronic submission to verify eligibility in the interim period prior to full launch of the service provider application programming interface (API).

In a letter to the Federal Communications Commission, the state representatives on the Federal-State Joint Board on Universal Service expressed frustration with their FCC colleagues in coming to a consensus on how to reform Universal service Fund contributions. In 2014, the FCC referred the issue to the Joint Board which is chaired by FCC Commissioner Michael O'Reilly.

We uphold the 2018 Order, with two exceptions. First, the Court concludes that the Federal Communications Commission has not shown legal authority to issue its Preemption Directive, which would have barred states from imposing any rule or requirement that the FCC “repealed or decided to refrain from imposing” in the Order or that is “more stringent” than the Order. 2018 Order ¶ 195. The Court accordingly vacates that portion of the Order.