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 12-1308 Release Date: August 10, 2012 WIRELINE COMPETITION BUREAU SEEKS COMMENT ON TRACFONE, SMITH BAGLEY AND I-WIRELESS PETITIONS FOR DECLARATORY RULING AND WAIVER OF THE COMMISSION’S RECERTIFICATION REQUIREMENT FOR LIFELINE WC Docket Nos. 11-42, 03-109, 12-23; CC Docket 96-45 Comment Date: September 10, 2012 Reply Comment Date: September 24, 2012 The Wireline Competition Bureau (Bureau) seeks comment on a petition filed by TracFone Wireless, Inc. (TracFone) requesting a declaratory ruling that TracFone is in compliance or substantial compliance with the annual re-certification requirement set forth at section 54.410(f) of the Commission’s rules, or in the alternative, TracFone requests a one-time waiver of section 54-410(f) of the Commission’s rules with respect to those TracFone Lifeline customers whose continuing eligibility for Lifeline service has been re-certified prior to June 1, 2012, as well as with respect to its Lifeline customers enrolled between January 1, 2012 and May 31, 2012.1 The Bureau also seeks comment on petitions filed by Smith Bagley, Inc. (SBI) and i-Wireless, LLC (i-Wireless) for a limited waiver of the requirement that an eligible telecommunications carrier recertify the eligibility of all of its subscribers enrolled in the Lifeline program prior to June 1, 2012.2 Pursuant to sections 1.415 and 1.419 of the Commission’s rules, interested parties may file comments on or before the dates indicated above.3 Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS).4 1 Petition for Declaratory Ruling or, in the Alternative, for Waiver of Section 54.410(f) of the Commission’s Rules, WC Docket No. 11-42 et al., CC Docket No. 96-45 (filed May 18, 2012) (TracFone Petition for Waiver); see also, Letter from Mitchell F. Brecher, Counsel for TracFone, to Marlene H. Dortch, Federal Communications Commission, WC Docket Nos. 11-42 et al., CC Docket No. 96-45 (dated June 26, 2012) (TracFone Ex Parte Letter); 54.410(f). 2 Petition for Limited Waiver, WC Docket 11-42 et al., CC Docket No. 96-45 (filed June 26, 2012); (SBI Petition for Waiver); Petition for Waiver of Section 54.410(f) of the Commission’s Rules, WC Docket 11-42 et al., CC Docket No. 96-45 (filed July 23,2012) (i-Wireless Petition for Waiver); 47 C.F.R. § 54.410(f); Lifeline and Link Up Reform and Modernization et al, WC Docket No.11-42 et al., Report and Order and Further Notice of Proposed Rulemaking, 27 FCC Rcd 6656, App. C (2012) (Lifeline Reform Order). 3 47 C.F.R. §§ 1.415, 1.419. 2§ Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/. § Paper Filers: Parties who choose to file by paper must file an original and one copy 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. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. § All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes 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 must be addressed to 445 12th Street, SW, Washington DC 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) Divya S. Shenoy, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th Street, S.W., Room 5-B510, Washington, D.C. 20554; e-mail: Divya.Shenoy@fcc.gov; and (2) Charles Tyler, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th Street, S.W., Room 5-A452, Washington, D.C. 20554; e-mail: mailto:Charles.Tyler@fcc.gov. The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules.5 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the 4 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322 (1998). 5 47 C.F.R. §§ 1.1200 et seq. 3presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. For further information, please contact Divya S. Shenoy, Telecommunications Access Policy Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484. - FCC -