Federal Communications Commission DA 12-2091
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Lifeline and Link Up Reform and 
Modernization
General Communication, Inc. Petition for Waiver 
of Section 54.410(f)
Virgin Islands Telephone Corp. d/b/a Innovative 
Telephone Petition for Clarification and Waiver
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WC Docket No. 11-42
ORDER
Adopted: December 27, 2012 Released: December 27, 2012
By the Chief, Wireline Competition Bureau:
I. INTRODUCTION
1. In this Order, the Wireline Competition Bureau (Bureau) grants a limited waiver from section 
54.410(f) of the Commission’s rules and the 2012 re-certification requirement set forth in the Lifeline 
Reform Order to General Communication, Inc. (GCI). 1 Based on the record before us, we find that GCI 
verified the eligibility of certain subscribers upon enrollment in the Lifeline program, alleviating the need 
for it to re-certify the eligibility of this discrete and limited group of subscribers in 2012.2  
2. We also grant Virgin Islands Telephone Corp. d/b/a Innovative Telephone (Innovative) 
request for a 30-day extension to complete the re-certification process for a limited number of subscribers 
in the Virgin Islands.3 Innovative must complete the re-certification process by January 31, 2013, and 
report its findings by March 1, 2013.4 The relief granted to Innovative in this Order is a limited extension 
of time for re-certification under section 54.410(f) and paragraph 130 of the Lifeline Reform Order.5
  
1 47 C.F.R. § 54.410(f); Lifeline and Link Up Reform and Modernization et al., WC Docket Nos. 11-42 et al., Report 
and Order and Further Notice of Proposed Rulemaking, 27 FCC Rcd 6656, 6715-16, paras. 130-132 (2012) (Lifeline 
Reform Order).
2 General Communication, Inc. Petition for Waiver of Section 54.410(f), WC Docket No. 11-42 et al., CC Docket 
No. 96-45 (filed Nov. 21, 2012) (GCI Petition); Letter from John Nakahata, Counsel for GCI, to Marlene H. Dortch, 
FCC, dated Dec. 3, 2012 (GCI Ex Parte) (withdrawing a portion of the GCI Petition and narrowing the scope of its 
petition for waiver).  Most of the Lifeline Reform Order rules became effective June 1, 2012.
3 Virgin Islands Telephone Corp., Inc. Petition for Clarification and Waiver, WC Docket No. 11-42 et al., CC 
Docket No. 96-45 (filed Nov. 29, 2012) (Innovative Petition); see Letter of Bennett Ross, Counsel for Innovative, to 
Marlene. H. Dortch, FCC, WC Docket No. 11-42 et al., CC Docket No. 96-45 (filed Dec. 10, 2012) (Innovative Ex 
Parte) (clarifying the scope of the Innovative Petition).  This extension of time applies to the approximately 60 
Innovative Lifeline subscribers yet to re-certify their eligibility.  Innovative’s Petition seeks clarification, or in the 
alternative waiver, of certain reforms adopted in the Lifeline Reform Order.  We will address the remainder of 
Innovative’s petition for clarification or waiver of rules not addressed herein at a future date.
4 See 47 C.F.R. § 54.416(b) (requiring that ETCs annually provide the results of their re-certification efforts to the 
Commission and the Administrator, as well as to the relevant Tribal authority, if applicable.  ETCs designated as 
(continued…)
Federal Communications Commission DA 12-2091
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II. BACKGROUND
A. Annual Lifeline Re-Certification Reporting Requirements 
3. 2012 Re-Certification Requirement.  In the Lifeline Reform Order, the Commission adopted a 
set of uniform re-certification procedures that all Eligible Telecommunications Carriers (ETCs) must 
perform annually to verify the ongoing eligibility of their Lifeline subscribers.6 Section 54.410(f) 
requires that ETCs annually re-certify the eligibility of their subscribers.7 To comply with the annual 
requirement for 2012, all ETCs and, where applicable, state Lifeline administrators or an agent of the 
state (collectively, “state agencies”) must re-certify the eligibility of their Lifeline subscriber base as of 
June 1, 2012, by the end of 2012 and report the results to Universal Service Administrative Company 
(USAC) by January 31, 2013 (2012 re-certification requirement).8 The 2012 re-certification requirement 
is intended to work in lock step with the new certification of eligibility requirements established in the 
Lifeline Reform Order.9 The Commission found that the upfront documentation requirement upon 
enrollment would be a sufficient initial check of subscriber eligibility, and the annual subscriber self-
certification would assist in obtaining updated subscriber information for use in populating the National 
Lifeline Accountability Database.10 The requirement for ETCs to annually re-certify their Lifeline 
subscribers ensures that only eligible subscribers remain in the program.11 Any subscribers that fail to 
respond to the ETC’s or state agency’s re-certification efforts must be de-enrolled from Lifeline pursuant 
to the de-enrollment procedures set out in the Commission’s rules.12
4. ETCs and state agencies have the option of re-certifying subscribers in one of two ways, as 
described in 47 C.F.R. § 54.410(f).13 First, to the extent that a database is available to verify program or 
income-based eligibility, ETCs or state agencies must query the database to confirm the subscriber’s 
continued eligibility.14 In the absence of a database, the ETC or state agency must re-certify the 
continued eligibility of a subscriber by obtaining a signed certification from the subscriber that meets the 
requirements of 47 C.F.R. § 54.410(d).15 The Lifeline Reform Order makes clear that “[r]egardless of the 
format used to re-certify the subscriber’s continued eligibility for Lifeline, ETCs [or a state agency] must 
convey all of the required information set forth in the amended section 54.410(d) and obtain from the 
(Continued from previous page)   
such by one or more states pursuant to § 54.201 must also report the results of their re-certification efforts to the 
designating state commission(s)).
5 See Lifeline Reform Order, 27 FCC Rcd at 6715-16, 6897, paras. 130-32, App. C; 47 C.F.R. § 54.410(f).
6 See Lifeline Reform Order, 27 FCC Rcd at 6714-22, paras. 129-48; 47 C.F.R. § 54.410(f).
7 See 47 C.F.R. § 54.410(f).
8 Lifeline Reform Order, 27 FCC Rcd at 6715, para. 132; 47 C.F.R. § 54.416(b).
9 See Lifeline Reform Order, 27 FCC Rcd at 6717-18, para. 134.  The 2012 re-certification process requires that 
ETCs re-certify their base of Lifeline subscribers as of June 1, 2012.  The new documentation requirements, under 
which subscribers show proof of eligibility upon enrollment, became effective June 1, 2012.  Therefore, the two 
requirements are designed to ensure that all Lifeline subscribers’ eligibility will be verified in 2012.
10 Id.
11 Id.
12 47 C.F.R. §§ 54.405(e), 54.410(f)(5).
13 47 C.F.R. § 54.410(f).
14 See Lifeline Reform Order, 27 FCC Rcd at 6715, para. 131; 47 C.F.R. §§ 54.410(f)(2)(i)-(ii), 54.410(f)(3)(i)-(ii).  
15 See 47 C.F.R. §§ 54.410(f)(2)(iii), 54.410(f)(3)(iii); Lifeline Reform Order, 27 FCC Rcd at 6715, 6897, para. 130, 
App. C.
Federal Communications Commission DA 12-2091
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subscriber an individual certification for each requirement set forth in the rule.”16 In order to obtain a 
signed certification from the subscriber, the ETC or state agency must send a notice to the subscriber 
separate from the subscriber’s bill seeking information sufficient to re-certify the subscriber, and 
notifying the subscriber that he or she will be de-enrolled within 30 days unless the subscriber re-certifies 
that the subscriber is eligible to receive Lifeline.17 ETCs or state agencies may contact and receive re-
certification responses from subscribers in writing, by phone, by text message, by e-mail, by Interactive 
Voice Response (IVR), or otherwise through the Internet using an electronic signature.18 If an ETC or 
state agency is unable to re-certify a subscriber because the subscriber did not respond to the re-
certification request, the ETC must de-enroll the subscriber.19 If an ETC or state agency receives a 
response from the subscriber that the subscriber is no longer eligible, the subscriber must be de-enrolled 
within five business days.20
5. Each ETC must report the results of its re-certification process to the Commission and USAC 
by January 31, 2013, using FCC Form 555.21 The re-certification process is not considered “complete” 
until the ETC has de-enrolled all subscribers that either failed to respond to a re-certification request or 
state that they are no longer eligible, or where a database query by the ETC or state agency indicates the 
subscriber is no longer eligible and the ETC de-enrolls that subscriber.
B. Petitions for Waiver
6. GCI Petition for Waiver.  GCI seeks a limited waiver of the 2012 Lifeline re-certification 
requirement with respect to 1,089 new Lifeline subscribers enrolled between April 2, 2012 and June 1, 
2012.22 GCI asserts that its employees verified the eligibility of these subscribers by reviewing program 
or income eligibility documentation and enrolled these subscribers using a certification form 
encompassing substantially all of the section 54.410(d) certifications, and the form in use since May 
obtains the subscriber’s consent to share its information with USAC.23  
  
16 Lifeline Reform Order, 27 FCC Rcd at 6715, para. 132.  Electronic signatures may be used to satisfy the re-
certification requirement.
17 47 C.F.R. § 54.405(e)(1).
18 See 47 C.F.R. § 54.419; Lifeline Reform Order, 27 FCC Rcd at 6715, para. 130.  Any text messages sent for the 
purpose of re-certification must be sent to the phone number associated with the supported service, and responses 
must be sent from that phone number.  Lifeline Reform Order, 27 FCC Rcd at 6715, para. 132.  When utilizing 
phone or IVR, a subscriber must be prompted to certify to each individual requirement set forth in section 54.410(d).  
Lifeline Reform Order, 27 FCC Rcd at 6715, para. 132.  If the state agency or third party is responsible for 
performing the annual re-certification functions, the state or its agent must provide the ETC with a copy of  the 
completed re-certification form. Id. at 6715, para. 131 n.341.  The ETC or state agency must also notify the 
subscriber in writing that failure to respond to the re-certification request could result in de-enrollment.  Id. at 6720, 
para. 142.
19 See 47 C.F.R. § 54.405(e)(4).
20 See 47 C.F.R. § 54.405(e)(1).  If the state agency is performing the re-certification, the ETC must de-enroll the 
subscriber within 5 business days of receiving notice from the state agency that the subscriber was unable to be re-
certified.
21 See id.; Lifeline Reform Order, 27 FCC Rcd at 6715, para. 132; 47 C.F.R. § 54.416(b).  The FCC Form 555 is 
posted on USAC’s website at http://www.usac.org/_res/documents/li/pdf/forms/FCC-form-555.pdf.  See also
Wireline Competition Bureau Reminds Carriers That They Must Re-Certify Eligibility of All Subscribers By 
December 31, 2012, WC Docket Nos. 11-42, 03-109, 12-23 and CC Docket No. 96-45, Public Notice, DA 12-1626 
(Wireline Comp. Bur. rel. Oct. 31, 2012).
22 GCI Ex Parte at 1.  GCI enrolled approximately 1,089 subscribers between April 2, 2012 and June 1, 2012.
23 GCI Ex Parte at 2.
Federal Communications Commission DA 12-2091
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7. Innovative Petition for Waiver.  Innovative requests that the Commission waive sections 
54.410(f), 54.405(e)(4) and 54.416(b) for 30 days so that it may complete the re-certification process for 
60 Lifeline subscribers in the Virgin Islands by January 31, 2013 and report the results to USAC by 
March 1, 2013.24 Innovative states that prior to the Commission’s recent reforms, Lifeline subscribers in 
the Virgin Islands have been required to re-certify their eligibility for benefits every six or twelve months, 
depending upon the method the subscriber used to establish eligibility.25 Innovative states that because 
the Virgin Islands Department of Human Services (DHS) makes eligibility determinations for Lifeline 
subscribers by consulting a database to determine eligibility based on participation in a certain federal 
assistance program, Innovative has provided DHS a list of its Lifeline subscribers to be re-certified 
pursuant to the Commission’s re-certification requirements.26 Innovative states that DHS has provided it 
with the names of Lifeline subscribers who purportedly have been re-certified by DHS.27 Innovative 
states that it is yet to receive information from DHS on the eligibility of approximately 60 Lifeline 
subscribers, and Innovative believes those subscribers have yet to be notified about the need to re-certify 
their continued eligibility for Lifeline.28 Innovative asserts that if these subscribers have been contacted 
by DHS but failed to respond to re-certification requests, neither DHS nor Innovative is able to provide 
such subscribers with the requisite 30-day notice of de-enrollment in time to meet the December 31, 2012 
deadline.29
III. DISCUSSION
8. Generally, the Commission’s rules may be waived for good cause shown.30 The Commission 
may exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent 
with the public interest.31 In addition, the Commission may take into account considerations of hardship, 
equity, or more effective implementation of overall policy on an individual basis.32 Waiver of the 
Commission’s rules is appropriate when (i) special circumstances warrant a deviation from the general 
rule, and (ii) such deviation will serve the public interest.33
9. GCI Limited Waiver of Section 54.410(f).  The Bureau finds that good cause exists to grant a 
limited one-time waiver of the 2012 Lifeline re-certification requirement to GCI for the subscribers it 
enrolled between April 2, 2012 and June 1, 2012 who demonstrated their eligibility for the Lifeline 
program.  GCI established the eligibility of these subscribers and used certification forms containing most 
of the certifications required in section 54.410(d) of the Commission’s rules.  We note, however, that 
GCI’s certification form in use during the time period at issue fell short of full compliance with the 2012 
re-certification requirement in two regards.  First, the form collected residential addresses without the 
caveat that the subscriber must provide a physical address and that Post Office Box addresses are not 
  
24 Innovative Ex Parte at 3.
25 Id.
26 Id.  Innovative states that it is unfamiliar with DHS’s process for re-certifying subscribers whose eligibility cannot 
be confirmed through an available database.
27 Id. at 2-3.
28 Id. at 3.
29 Id.; 47 C.F.R. § 54.405(e).
30 47 C.F.R. § 1.3.
31 See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular).  
32 See WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166.  
33 See Northeast Cellular, 897 F.2d at 1166.
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permitted.34 Second, it appears that the form did not obtain consent from each subscriber to share its 
information with USAC.35 Because physical residential addresses are required to populate the National 
Lifeline Accountability Database to protect against duplicate Lifeline benefits, we condition this waiver 
on GCI obtaining by January 31, 2013, the physical address, not a Post Office Box address, for any of its 
subscribers that may have initially provided a Post Office Box as their residential address on a 
certification form. We further condition this waiver on GCI obtaining by January 31, 2013 consent from 
each subscriber to share its information with USAC.36 Consistent with the Commission’s determination 
in the Lifeline Reform Order, GCI may collect this data using a written format, text messages, or 
Interactive Voice Response.37 With these conditions, we find that a limited waiver for re-certifying GCI’s 
subscribers enrolled between April 2, 2012 and June 1, 2012 will serve the public interest and is 
warranted under these circumstances.38
10. ETCs are required to annually provide the results of their re-certification efforts performed 
pursuant to section 54.410(f) to the Commission and USAC.39 Because we conditionally grant a waiver 
of section 54.410(f) to GCI for the subscribers described above, we waive on our own motion section 
54.416(b) of the Commission’s rules requiring GCI to report the results of the 2012 re-certification 
requirement for the subscribers subject to this waiver.40 GCI must submit a cover letter to USAC by 
January 31, 2013, detailing the number of subscribers in each state that are subject to waiver of the 2012 
re-certification requirement.
11. Innovative Petition for Waiver.  The Bureau grants a limited waiver of sections 54.405(e)(4), 
54.410(f), and 54.416(b) of the Commission’s rules, and paragraph 130 of the Lifeline Reform Order, for 
Innovative’s 60 Lifeline subscribers in the US Virgin Islands.41 ETCs must provide a 30-day pending 
termination notice to subscribers who fail to re-certify their Lifeline eligibility prior to de-enrolling a 
subscriber from Lifeline pursuant to the Commission’s rules.  Because Innovative has not received 
information regarding the eligibility of a very limited number of subscribers from DHS, we find that it 
would be appropriate to allow Innovative additional time to fulfill its obligation to provide the requisite 
notice to subscribers before de-enrolling them from the Lifeline program.42 We therefore grant 
Innovative’s request for a 30-day extension of the re-certification requirement.  Innovative must complete 
the re-certification requirement for the 60 Lifeline subscribers in the US Virgin Islands subject to this 
  
34 See Lifeline Reform Order, 27 FCC Rcd at 6895, App. C; GCI Ex Parte, Exhibit A.
35 GCI’s form in use from April 2, 2012, through May 7, 2012, appears not to have collected this information; 
however, GCI changed its form on May 7, 2012, to include obtaining subscriber consent.  See GCI Ex Parte at 2.
36 See Lifeline Reform Order, 27 FCC Rcd at 6897, App. C.  These conditions are consistent with waiver conditions 
adopted by the Bureau in this context previously.  See Lifeline and Link Up Reform and Modernization, DA 12-
1927, para. 14 (WCB rel. Nov. 30, 2012). 
37 Lifeline Reform Order, 27 FCC Rcd at 6715-16, para. 132.
38 See 47 C.F.R. § 54.410(d); Lifeline Reform Order, 27 FCC Rcd at 6895-97, App. C.
39 See 47 C.F.R. § 54.416(b) (requiring that ETCs annually provide the results of their re-certification efforts to the 
Commission and the Administrator (USAC), as well as the relevant Tribal authority, if applicable.  ETCs designated 
as such by one or more states pursuant to § 54.201 must also report the results of their re-certification efforts to the 
designating state commission(s)).
40 See 47 C.F.R. § 54.416(b).  GCI must provide the results of its re-certification efforts for all subscribers not 
subject to this waiver.
41 See 47 C.F.R. §§ 54.410(f), 54.405(e)(4), 54.416(b); Lifeline Reform Order, 27 FCC Rcd at 6715, para. 130.
42 See 47 C.F.R. § 54.405(e).
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waiver by January 31, 2013, and report its findings to the Commission, USAC, and the relevant state or 
Tribal governments by March 1, 2013.43
IV. ORDERING CLAUSES
12. Accordingly, IT IS ORDERED that, pursuant to sections 1, 4, and 254 of the 
Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154, 254, sections 0.91, 0.291, and 1.3 of 
the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3, and the delegation of authority in paragraph 130 of 
FCC 12-11, sections 54.405(e), 54.410(f) and 54.416(b) of the Commission’s rules, 47 C.F.R. §§ 
54.405(e), 54.410(f), 54.416(b), and paragraph 130 of FCC 12-11 ARE WAIVED to the extent described 
above AND CONDITIONED with respect to General Communication, Inc.
13. IT IS FURTHER ORDERED that, pursuant to sections 0.91, 0.291, and 1.3 of the 
Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3, and the delegation of authority in paragraph 130 of 
FCC 12-11, the amended petitions filed by General Communication, Inc. and Virgin Islands Telephone 
Corp. d/b/a Innovative Telephone ARE GRANTED as described above.
14. IT IS FURTHER ORDERED that, pursuant to section 1.102(b)(1) of the Commission’s rules, 
47 C.F.R. § 1.102(b)(1), this Order SHALL BE EFFECTIVE upon release.
FEDERAL COMMUNICATIONS COMMISSION
Julie A. Veach
Chief
Wireline Competition Bureau
  
43 See 47 C.F.R. § 54.416(b).  Innovative must provide the results of its re-certification efforts for all subscribers not 
subject to this waiver to USAC by January 31, 2013.