States Move Ahead on Lifeline Updates After FCC Waiver Decision
Two state commissions that sought but didn’t receive FCC waivers of the Dec. 2 Lifeline deadline are moving forward with rulemakings to align state rules with the updated federal low-income program, state officials said. The FCC last week denied waivers to states including New Mexico and Missouri, while granting them to others (see 1612010070). At a Wednesday meeting, New Mexico Public Regulation Commissioners adopted a staff motion to open a Lifeline proceeding. Meanwhile, Missouri Public Service Commissioners are considering a draft rule after the PSC prepared in advance for possible rejection of the waiver request, a spokesman said. Other states that either received waivers or didn’t need them also are taking steps to ensure a smooth transition, including campaigns to raise public awareness about the changes.
One day before the deadline, the Wireline Bureau gave more time to California, Maryland, Michigan, New York, Utah, Vermont, Washington and Wisconsin to implement amended eligibility rules, while allowing Oregon and California more time to implement port freeze rules. Staff denied other requested state waivers, including for the New Mexico PRC and Missouri PSC, saying the two states didn’t justify the delay because providers perform eligibility checks there.
After the FCC denied New Mexico a waiver, PRC staff Dec. 2 filed a motion to open a Lifeline proceeding (Case 16-00319-UT). The PRC staff noted the FCC granted waivers only for states that had to make statutory changes to Lifeline statutes or had a state administrator that verified eligibility for its own state database. At the Wednesday meeting, New Mexico commissioners adopted the staff’s recommendation, ordering comments by Dec. 23 and replies by Jan. 6. “The comments would address how carriers are to provide notice to, education of, and assistance to customers who are no longer eligible for Lifeline under the new Federal guidelines,” a PRC spokesman emailed.
The Missouri PSC prepared for possible waiver rejection by the FCC with an order Nov. 17, effective Dec. 2, that granted temporary waiver of eligibility criteria to state eligible telecom carriers. The waivers will remain in effect until the PSC amends its rules to comport with federal changes, the order said. The PSC Sept. 9 opened a proceeding to align Lifeline rules and finished collecting comments and replies Nov. 15 (docket TW-2017-0078). “Once any changes from the comments are incorporated, Staff will submit a draft rule to the Commission for review,” the PSC spokesman emailed Tuesday.
Washington state received an FCC waiver until June 30 to implement eligibility rules, and its Utilities and Transportation Commission is moving ahead with implementation. “The FCC granted our request to utilize Department of Social and Health Services base data on an interim basis,” a UTC spokeswoman emailed Tuesday. “The timeframe is based on estimates [from] DSHS.” The existing state rule doesn’t include eligibility provisions, so the commission doesn’t need to complete any specific rulemakings, but it may consider adopting the federal rules by reference, she said. “That ultimately would be a policy decision by leadership, which hasn’t been made at this time.” UTC staff is working with Universal Service Administrative Co. on the national verification database that will include all federal eligibility programs; the national database could be completed by the end of next year, she said.
The waiver granted to California “provides enough time with the exception of implementing the veterans benefits option,” which the FCC denied, a California Public Utilities Commission spokeswoman emailed Wednesday. The FCC gave the state until June 1 on port freeze requirements and until Oct. 31 on the eligibility rules. The CPUC expects to soon release a proposed decision on Lifeline, Commissioner Catherine Sandoval said last month at NARUC's annual meeting (see 1611140052).
The Massachusetts telecom regulator sought comment from providers about how to ensure a smooth transition for consumers, including information on how consumers will be notified, how many consumers will no longer qualify, and providers’ plans to provide Lifeline broadband services. The Department of Telecommunications and Cable wants to “ensure full compliance with the revised federal requirements,” while “offering clear guidance and information on any Lifeline requirements going forward,” the regulator said in a Nov. 29 notice. “We hope to enlist your support in educating Massachusetts consumers in the Commonwealth on these changes.” Comments are due Dec. 21.
Several states that aligned their Lifeline rules trumpeted the changes. Dec. 2 "marks a new beginning for the Federal Lifeline Assistance Program (Lifeline), transforming it from a voice-only program to include high-speed broadband,” the Florida PSC said in a Tuesday news release. The Iowa Utilities Board alerted consumers Dec. 1. Since October, the Kentucky PSC has issued multiple reminders about Lifeline, including a Friday news release with links to a brochure and seven-minute YouTube video.