C.F.R. » Title 47 » CHAPTER I—FEDERAL COMMUNICATIONS COMMISSION › SUBCHAPTER B—COMMON CARRIER SERVICES › PART 54—UNIVERSAL SERVICE › Subpart E—Universal Service Support for Low-Income Consumers

47 C.F.R. § 54.401

Lifeline defined

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(a) As used in this subpart, Lifeline means a non-transferable retail service offering provided directly to qualifying low-income consumers:

(1) For which qualifying low-income consumers pay reduced charges as a result of application of the Lifeline support amount described in § 54.403; and

(2) That provides qualifying low-income consumers with voice telephony service or broadband Internet access service as defined in § 54.400. Toll limitation service does not need to be offered for any Lifeline service that does not distinguish between toll and non-toll calls in the pricing of the service. If an eligible telecommunications carrier charges Lifeline subscribers a fee for toll calls that is in addition to the per month or per billing cycle price of the subscribers' Lifeline service, the carrier must offer toll limitation service at no charge to its subscribers as part of its Lifeline service offering.

(b) Eligible telecommunications carriers may allow qualifying low-income consumers to apply Lifeline discounts to any residential service plan with the minimum service levels set forth in § 54.408 that includes fixed or mobile voice telephony service, broadband Internet access service, or a bundle of broadband Internet access service and fixed or mobile voice telephony service; and plans that include optional calling features such as, but not limited to, caller identification, call waiting, voicemail, and three-way calling.

(1) Eligible telecommunications carriers may permit qualifying low-income consumers to apply their Lifeline discount to family shared data plans.

(2) Eligible telecommunications carriers may allow qualifying low-income consumers to apply Lifeline discounts to any residential service plan that includes voice telephony service without qualifying broadband Internet access service prior to December 1, 2021.

(3) Beginning December 1, 2016, eligible telecommunications carriers must provide the minimum service levels for each offering of mobile voice service as defined in § 54.408.

(4) Beginning December 1, 2021, eligible telecommunications carriers must provide the minimum service levels for broadband Internet access service in every Lifeline offering.

(c) Eligible telecommunications carriers may not collect a service deposit in order to initiate Lifeline for voice-only service plans that:

(1) Do not charge subscribers additional fees for toll calls; or

(2) That charge additional fees for toll calls, but the subscriber voluntarily elects toll limitation service.

(d) When an eligible telecommunications carrier is designated by a state commission, the state commission shall file or require the eligible telecommunications carrier to file information with the Administrator demonstrating that the carrier's Lifeline plan meets the criteria set forth in this subpart and describing the terms and conditions of any voice telephony service plans offered to Lifeline subscribers, including details on the number of minutes provided as part of the plan, additional charges, if any, for toll calls, and rates for each such plan. To the extent the eligible telecommunications carrier offers plans to Lifeline subscribers that are generally available to the public, it may provide summary information regarding such plans, such as a link to a public Web site outlining the terms and conditions of such plans. Lifeline assistance shall be made available to qualifying low-income consumers as soon as the Administrator certifies that the carrier's Lifeline plan satisfies the criteria set out in this subpart.

(e) Consistent with § 52.33(a)(1)(i)(C) of this chapter, eligible telecommunications carriers may not charge Lifeline customers a monthly number-portability charge.

(f) Eligible telecommunications carriers may aggregate eligible subscribers' benefits to provide a collective service to a group of subscribers, provided that each qualifying low-income consumer subscribed to the collective service receives residential service that meets the requirements of paragraph (a) of this section and § 54.408.

[77 FR 12967, Mar. 2, 2012, as amended at 80 FR 40935, July 14, 2015; 81 FR 33090, May 24, 2016]
Notes of Decisions
Cited in 11 cases (7 in the last 5 years), 1999–2026 · leading case: Texas Off. of Pub. Util. Couns. v. Fed. Commc'ns Comm'n, 183 F.3d 393 (5th Cir. 1999).
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Texas Off. of Pub. Util. Couns. v. Fed. Commc'ns Comm'n, 183 F.3d 393 (5th Cir. 1999). “47 C.F.R. § 54.401 (b). 36 . The Lifeline program refers to the FCC's efforts to expand telephone services to qualifying low-income subscribers.”
Moore v. Dish Network L.L.C., 57 F. Supp. 3d 639 (N.D.W. Va. 2014). “See 47 C.F.R. § 54.401 . To qualify for this program, “a consumer must not already be receiving a Lifeline service.”
Q Link Wireless LLC v. N.M. Pub. Reg. Comm’n, 533 P.3d 724 (N.M. 2023). · cites it 2× “47 C.F.R. § 54.401 (a) (2016). The petition was assigned to a hearing examiner for review and a recommendation.”
Q Link Wireless LLC v. N.M. Pub. Reg. Comm'n (N.M. 2023). · cites it 2× “47 C.F.R. § 54.401 (a) (2016). The petition was assigned 8 to a hearing examiner for review and a recommendation.”
Nat'l Lifeline Ass'n v. Marybel Batjer (9th Cir. 2023). “See 47 C.F.R. §§ 54.401 , 54.403(a). Likewise, states can establish 2 their own universal service funds, so long as these state programs do not conflict with FCC rules or the FCC’s universal service program, see 47 U.”
Regie Salgado v. Truconnect (9th Cir. 2023). “§ 254 (b)(1), (b)(3); 47 C.F.R. § 54.401 (a). Salgado and Zambrano allege that TruConnect engaged in two central schemes to defraud the government.”
Natale v. Arizona Premium Fin. Co., Inc. (W.D.N.Y. 2021). “Defendant next argues that James was advised that the benefit of the SafeLink/Lifeline cellphone service was non-transferable, and a transfer was in violation of 47 C.F.R. §§ 54.401 , 54.410 (Docket No. 22, Def.”
Platsky v. Lifeline Support Ctr. (S.D.N.Y. 2024). “See 47 C.F.R. § 54.401 . Pursuant to 47 C.F.R.”
Whether FCC's Lifeline Prog. is a Benefit Subject to the Pers. Responsibility & Work Opportunity Reconciliation Act of 1996 (OLC 2026). “See 47 C.F.R. § 54.401 (a). USAC reimburses the eligible telecommunications carrier a “Lifeline support amount” for every enrolled Lifeline consumer.”
Casserley v. Pac. Bell, 32 F. App'x 926 (9th Cir. 2002). “Because the “no disconnect” rule, 47 C.F.R. 54.401(b) (1997), was declared invalid and removed by the Federal Communications Commission, the district court was correct in concluding that it lacked subject matter jurisdiction arising from this regulation.”
Maryland Attorney Gen. Opinion 99OAG208 (Md. Att'y Gen. 2014). “See 47 C.F.R. §§ 54.401 , 54.403(a)(1), 54.407.”
— 47 C.F.R. § 54.401(b) — 1 case
Casserley v. Pac. Bell, 32 F. App'x 926 (9th Cir. 2002). “Because the “no disconnect” rule, 47 C.F.R. 54.401(b) (1997), was declared invalid and removed by the Federal Communications Commission, the district court was correct in concluding that it lacked subject matter jurisdiction arising from this regulation.”
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