PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 09-2257 Release Date: October 21, 2009 COMMENT SOUGHT ON TRACFONE REQUEST FOR CLARIFICATION OF UNIVERSAL SERVICE LIFELINE PROGRAM “ONE-PER-HOUSEHOLD” RULE AS APPLIED TO GROUP LIVING FACILITIES WC Docket No. 03-109 Comment Date: November 20, 2009 Reply Comment Date: December 7, 2009 On July 17, 2009, TracFone Wireless, Inc. (TracFone) filed a letter requesting that the Commission clarify the scope of the “one-per-household” rule for universal service low-income support under the Lifeline program.1 Specifically, TracFone asks the Commission to clarify that the Commission’s ruling that carriers can receive Lifeline support for a single telephone line in an eligible consumer’s principal residence is not intended to limit the availability of Lifeline-supported service to only one qualified low-income resident per homeless shelter, and to provide guidance on how eligible telecommunications carriers (ETCs) may enroll residents of shelters in their Lifeline programs without risking violation of the rule.2 In addition to homeless shelters, the clarification and guidance sought by TracFone may be applicable to other group living facilities, such as nursing homes, assisted-living facilities, apartment buildings, trailer-home communities, halfway houses, and group homes. As such, we seek comment on the effects of the one-per-household rule for Lifeline support in the context of group living facilities. We also seek comment on ways that ETCs may offer Lifeline service to qualified residents of group living facilities while continuing to comply with the one-per-household rule. Finally, we seek comment on whether and how ETCs that provide Lifeline-supported service to homeless individuals who do not use shelters could comply with the one-per-household rule. Interested parties may file comments on or before November 20, 2009, and reply comments on or before December 7, 2009. All pleadings are to reference WC Docket No. 03-109. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS), or by filing paper copies.3 1 Letter from Mitchell F. Brecher, Counsel for TracFone, to Marlene H. Dortch, Secretary, Federal Communications Commission, WC Docket No. 03-109 (filed July 17, 2009) (TracFone Request); Lifeline and Link-Up, WC Docket No. 03-109, Report and Order and Further Notice of Proposed Rulemaking, 19 FCC Rcd 8302, 8306, para. 4 (2004) (specifying that support for Lifeline subscribers is for “a single telephone line in their principal residence”); Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 8957, para. 341 (1997). 2 See TracFone Request at 2. 3 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998). 2 § Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/. Filers should follow the instructions provided on the website for submitting comments. § For ECFS filers, if multiple docket or rulemaking numbers appear in the caption of this proceeding, filers must transmit one electronic copy of the comments for each docket or rulemaking number referenced in the caption. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message, “get form.” A sample form and directions will be sent in response. § Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. The Commission’s contractor will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445 12th Street, S.W., Washington D.C. 20554. People with Disabilities: To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty). In addition, one copy of each pleading must be sent to each of the following: (1) The Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, www.bcpiweb.com; phone: (202) 488-5300 fax: (202) 488- 5563; (2) Jamie Susskind, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th Street, S.W., Room 5-B418, Washington, D.C. 20554; e-mail: Jamie.Susskind@fcc.gov; and (3) Antoinette Stevens, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th Street, S.W., Room 5-B521, Washington, D.C. 20554; e-mail: Antoinette.Stevens@fcc.gov. Filings and comments are also available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street, S.W., Room CY- A257, Washington, D.C. 20554. They may also be purchased from the Commission’s duplicating 3 contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, S.W., Room CY-B402, Washington, D.C. 20554, telephone: (202) 488-5300, fax: (202) 488-5563, or via e-mail www.bcpiweb.com. This matter shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules.4 Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentation and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented generally is required.5 Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in section 1.1206(b) of the Commission’s rules.6 For further information, please contact Jamie Susskind, Telecommunications Access Policy Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484. - FCC - 4 47 C.F.R. §§ 1.1200 et seq. 5 See 47 C.F.R. § 1.1206(b)(2). 6 47 C.F.R. § 1.1206(b).