Section 160.062. Lifeline program.

 

(1)   Definitions.

(a) For purposes of subs. (2) to (7) , "eligible telecommunications carrier" or "ETC" means only full and low-income ETCs, and does not include federal-only ETCs.

(b) For purposes of this section, "line" means an access line, service to an activated wireless handset, or service to an internet connection used as a substitute for a traditional telecommunications connection.

(c) For purposes of this section, "lifeline monthly rate" means the lifeline base rate under sub. (2) minus the lifeline adjustment under sub. (2g) or (2r) .

(1g)   Applicability. An eligible telecommunications carrier may apply the lifeline adjustment under sub. (2g) to any residential service that includes voice service, including bundles of voice and data services, and bundles that include optional calling features such as caller identification, call waiting, voice mail and three-way calling.

(1r)   Eligibility.

(a) All eligible telecommunications carriers shall offer to all qualified low-income customers a lifeline adjustment to the customer's rate for either of the following:

1. Essential telecommunications service, whether stand-alone or as part of a service package.

2. Internet access, if the customer demonstrates that, because of his or her disability other than cognitive impairment, certified under s. PSC 160.071 (1) , the customer requires internet access that is adequate to support service that is substitutable for and comparable to essential telecommunications service.

(b) An ETC taking an application for the lifeline program shall do the following:

1. Unless the ETC uses a state or federal duplication prevention database, ask the applicant if he or she is currently receiving a lifeline adjustment on any other line.

2. Require the applicant to certify that he or she is not currently receiving a lifeline adjustment on any other line or from any other provider.

3. Only offer and apply the lifeline adjustment on one line.

4. Ensure that any federal requirements about lifeline are met.

(c) A customer may not request a lifeline adjustment on more than one line. An ETC shall not apply the lifeline adjustment unless the customer has certified under par. (b) that the customer is not receiving a lifeline adjustment on another line or from any other provider.

(d) If an ETC becomes aware that a customer is receiving a lifeline adjustment on more than one line or from more than one provider, the ETC shall provide notice and take action under sub. (4) to ensure that the customer receives a lifeline adjustment on only one line.

(2)   Lifeline base rate. The lifeline base rate is one of the following:

(a) For an eligible telecommunications carrier offering local service on a stand-alone basis, the sum of:

1. The in-state charges and fees for stand-alone single-party residential service with touch-tone, including, as applicable, all of the following:

a. Police and fire protection fee.

b. State universal service fund assessment.

c. Remainder assessment.

d. Telecommunications utility trade practices assessment.

2. Any 911 charges billed on the telephone bill.

3. The federal subscriber line charge.

4. The access recovery charge.

5. The charge for 120 local calls, excluding extended community calling calls.

6. Other charges as approved by the commission.

(b) $25, if the eligible telecommunications carrier does not offer local service on a stand-alone basis, and only offers it as part of a service package.

(c) The commission may authorize a different lifeline base rate based on the particular facts and circumstances concerning an eligible telecommunications carrier's local service or internet access charges.

(2g)   Lifeline adjustment.

(a) Except as provided in par. (b) and sub. (2r) :

1. If the lifeline base rate is $25 or less, the lifeline adjustment shall be $10.

2. If the lifeline base rate is greater than $25, the lifeline adjustment shall be the lesser of the following:

a. The amount necessary to reduce the lifeline monthly rate to $15.

b. The maximum reimbursement available under 47 CFR 54.403 , plus $9.25.

(b) If the ETC offers prepaid wireless service, the lifeline adjustment for that service shall be the greater of the following:

1. The number of minutes that, when calculated using the lowest per minute rate the ETC offers to its prepaid wireless customers, equals or exceeds the value of the adjustment under par. (a) that would otherwise apply.

2. The number of minutes recognized by the federal communications commission as an acceptable compliance plan provision for that provider.

(c) The adjustment under par. (a) 1. shall be increased automatically if both of the following occur:

1. A federal communications commission order or a change in federal law causes an increase in a customer's lifeline base rate.

2. The state reimbursement amount after the increased lifeline adjustment is not greater than it was before the federal communications commission order or change in federal law.

(d) Notwithstanding subs. (2g) and (2r) , the lifeline adjustment for partial months of service shall follow the policy set by the federal universal service administration corporation or its successors.

(2r)   Adjustments for residents of tribal lands.

(a) When a customer qualifies for federal universal service fund support for eligible residents of tribal lands under 47 CFR 54.400 et seq .:

1. If the lifeline base rate under sub. (2) is $25 or less, the lifeline adjustment shall be $10, plus whatever federal universal service fund support the customer qualifies for as an eligible resident of tribal lands.

2. If the lifeline base rate under sub. (2) is greater than $25, the lifeline adjustment shall be the amount necessary to reduce the lifeline monthly rate to the level at which the adjustment results in a state reimbursement amount that is equal to what it would be under sub. (2g) (a) 2. , plus whatever federal universal service fund support the customer qualifies for as an eligible resident of tribal lands.

(b) The adjustment under par. (a) 1. shall be increased automatically if both of the following occur:

1. A federal communications commission order or a change in federal law causes an increase in a customer's lifeline base rate.

2. The state reimbursement amount after the increased adjustment is not greater than it was before the federal communications commission order or change in federal law.

(3)   Showing the adjustment.

(a) Except as provided in par. (b) , the eligible telecommunications carrier shall show the lifeline adjustment either as an adjustment to the full tariffed or standard rate on a customer's bill or as a special rate designation. Whenever possible, the eligible telecommunications carrier shall begin showing the lifeline adjustment or rate on an eligible customer's bill on the next bill date following the date of application for lifeline assistance. If the ETC does not apply the lifeline adjustment or rate on the next bill date, when the ETC does apply the credit it shall be applied back to the date of application.

(b) If an eligible telecommunications carrier offers prepaid service and does not render a bill for that service, if it maintains a statement of account or account balance for a prepaid service customer the provisions of par. (a) apply to the statement of account or account balance. If the ETC does not maintain a statement of account or account balance, the ETC shall include information about adjustments and applicability dates in its terms of service.

(4)   Termination and notice of impending termination. Providers shall follow the provisions of 47 CFR 54.405 (e) to terminate lifeline enrollment. The provider shall query the state database used to verify the customer's eligibility in order to obtain information about whether the customer is still eligible according to that database. If that database indicates that the customer is no longer eligible, the ETC shall follow the de-enrollment procedures in 47 CFR 54.405 (e). The ETC shall send the notice separately from the customer's regular monthly bill, if one is provided. The notice shall state the termination date and shall provide information about how to demonstrate continued eligibility.

(5)   Provider reimbursement.

(a) Only low-income and full eligible telecommunications carriers may receive reimbursement from the state universal service fund.

(b) An ETC may only receive reimbursement if it complies with all federal lifeline requirements, including the requirement to stop requesting federal universal service fund reimbursement for a prepaid wireless telephone that has not been used in 60 days and the requirement to use the appropriate state database where possible to verify lifeline eligibility.

(c) The commission may withhold or suspend reimbursement while investigating compliance with state or federal lifeline requirements.

(d) If an ETC is eligible to receive lifeline reimbursement under the federal lifeline program, it may receive reimbursement from the state universal service fund for the difference between what it is eligible to receive in federal reimbursement and what its reimbursement would otherwise be under sub. (2g) .

(e) Notwithstanding par. (c) , the provider reimbursement for partial months of service shall follow the policy set by the federal universal service administration corporation or its successors.

(5m)   Deadline for filing. An eligible telecommunications carrier shall file its reimbursement request with the fund administrator before April 1 of the year following the year during which the customer was charged the lifeline monthly rate for which reimbursement is sought. A provider may obtain an extension from commission staff for good cause, if the extension request is received before the April 1 deadline.

(6)   Limitations on charges.

(a) An eligible telecommunications carrier may not do any of the following to a lifeline customer:

1. Charge a deposit for service if the customer voluntarily accepts call limitation.

2. Request that the customer pay in advance for more than one month's local service bill.

3. Disconnect the customer from local service for nonpayment of toll charges.

(b) An ETC may counsel a customer that otherwise would be subject to disconnection to accept call limitation.

(7)   Call limitation under special programs. An eligible telecommunications carrier acting under the limited conditions specified in its commission approved telecommunications customer assistance program under s. PSC 160.08 may impose call limitation on lifeline customers.

(8)   Federal-only ETCs. Federal-only eligible telecommunications carriers shall comply with all federal lifeline requirements, including the requirement to stop requesting federal universal service fund reimbursement for a prepaid wireless telephone that has not been used in 60 days and the requirement to use the appropriate state database where possible to verify lifeline eligibility.

Cr. Register, April, 1996, No. 484 , eff. 5-1-96; am. (1), renum. (2) (a) to be (2) (b) and am., renum. (4) to be (3) and am., renum. (6) to be (5) and am., renum. (5) to be (4), cr. (2) (a), (c), (6) and (7), r. (2) (b) and (3), Register, April, 2000, No. 532 , eff. 5-1-00; CR 13-068 : r. (1), (2), cr. (1), (1g), (1r), (2), (2g), (2r), (3) (title), renum. (3) to (3) (a) and am., cr. (3) (b), r. and recr. (4), r. (5), (6), cr. (5), (5m), (6), (7) (title), am. (7), cr. (8) Register January 2016 No. 721 , eff. 2-1-16; correction in numbering in (4) made under s. 13.92 (4) (b) 1. , Stats., Register January 2016 No. 721 ; correction in (1r) (d) made under s. 13.92 (4) (b) 7. , Stats., Register April 2016 No. 724 .

Note

An example under subd. 2. is a video relay service. Microsoft Windows NT 6.1.7601 Service Pack 1 Subd. 2. does not require a provider to offer internet access service. If provider offers a service needed under subd. 2., or bills for such a service provided by an affiliate, the provider applies the lifeline adjustment to the price of that service and collects some of the payment from the customer and some from the USF. Microsoft Windows NT 6.1.7601 Service Pack 1 For example, see 47 CFR 54.410 regarding use of state databases for eligibility verification. Microsoft Windows NT 6.1.7601 Service Pack 1 Subsection (2g) (a) 2. b. caps the adjustment at, essentially, double the maximum amount available from the federal USF at the time the rules went into effect. In the future, the amount available from the federal USF may increase, but the state portion is frozen at $9.25 so that if, for example, the federal subscriber line charge is raised and paid for through the federal USF, the state does not automatically increase its reimbursement portion. This step was taken to protect the state fund by blocking any automatic increase in state reimbursement due to federal action. Microsoft Windows NT 6.1.7601 Service Pack 1 A provider may petition the commission under s. PSC 160.01(2)(b) for an increased lifeline adjustment if the increased adjustment would increase the state reimbursement amount. Microsoft Windows NT 6.1.7601 Service Pack 1 A provider may petition the commission under s. PSC 160.01(2) (b) for an increased lifeline adjustment if the increased adjustment would increase the state reimbursement amount. Microsoft Windows NT 6.1.7601 Service Pack 1