47 C.F.R. § 54.407

Reimbursement for offering Lifeline

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(a) Universal Service support for providing Lifeline shall be provided directly to an eligible telecommunications carrier based on the number of actual qualifying low-income customers listed in the National Lifeline Accountability Database that the eligible telecommunications carrier serves directly as of the first of the month. Eligible telecommunications carriers operating in a state that has provided the Commission with an approved valid certification pursuant to § 54.404(a) must comply with that state administrator's process for determining the number of subscribers to be claimed for each month, and in those states Universal Service support for providing Lifeline shall be provided directly to the eligible telecommunications carrier based on that number of actual qualifying low-income customers, according to the state administrator or other state agency's process.

(b) For each qualifying low-income consumer receiving Lifeline service, the reimbursement amount shall equal the federal support amount, including the support amounts described in § 54.403(a) and (c). The eligible telecommunications carrier's universal service support reimbursement shall not exceed the carrier's rate for that offering, or similar offerings, subscribed to by consumers who do not qualify for Lifeline.

(c) An eligible telecommunications carrier offering a Lifeline service that does not require the eligible telecommunications carrier to assess and collect a monthly fee from its subscribers:

(1) Shall not receive universal service support for a subscriber to such Lifeline service until the subscriber activates the service by whatever means specified by the carrier, such as completing an outbound call; and

(2) After service activation, an eligible telecommunications carrier shall only continue to receive universal service support reimbursement for such Lifeline service provided to subscribers who have used the service within the last 30 days, or who have cured their non-usage as provided for in § 54.405(e)(3). Any of these activities, if undertaken by the subscriber, will establish “usage” of the Lifeline service:

(i) Completion of an outbound call or usage of data;

(ii) Purchase of minutes or data from the eligible telecommunications carrier to add to the subscriber's service plan;

(iii) Answering an incoming call from a party other than the eligible telecommunications carrier or the eligible telecommunications carrier's agent or representative;

(iv) Responding to direct contact from the eligible communications carrier and confirming that he or she wants to continue receiving Lifeline service; or

(v) Sending a text message.

(d) In order to receive universal service support reimbursement, an officer of each eligible telecommunications carrier must certify, as part of each request for reimbursement, that:

(1) The eligible telecommunications carrier is in compliance with all of the rules in this subpart; and

(2) The eligible telecommunications carrier has obtained valid certification and recertification forms to the extent required under this subpart for each of the subscribers for whom it is seeking reimbursement.

(e) In order to receive universal service support reimbursement, an eligible telecommunications carrier must keep accurate records of the revenues it forgoes in providing Lifeline services. Such records shall be kept in the form directed by the Administrator and provided to the Administrator at intervals as directed by the Administrator or as provided in this subpart.

[77 FR 12970, Mar. 2, 2012, as amended at 77 FR 38534, June 28, 2012; 80 FR 35577, June 22, 2015; 80 FR 40935, July 14, 2015; 81 FR 33091, May 24, 2016; 84 FR 71328, Dec. 27, 2019]
Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2020–2024 · leading case: Nat'l Lifeline Ass'n v. FCC, 983 F.3d 498 (D.C. Cir. 2020).
Nat'l Lifeline Ass'n v. FCC, 983 F.3d 498 (D.C. Cir. 2020). · cites it 15× “Petitioner primarily relied on 47 C.F.R. § 54.407 (a). The Commission denied the Petition, holding that the plain text of § 54.”
State Tax Assessor v. Tracfone Wireless, Inc., 2022 ME 36 (Me. 2022). · cites it 3× “47 C.F.R. § 54.407 (c) (2020) (emphasis added); see also In re Lifeline and Link Up Reform Modernization, 27 FCC Rcd.”
State Tax Assessor v. Tracfone Wireless, Inc., 2022 ME 36 (Me. 2022). · cites it 3× “47 C.F.R. § 54.407 (c) (2020) (emphasis added); see also In re Lifeline & Link Up Reform Modernization, 27 FCC Rcd.”
Assurance Wireless USA, LP v. Dep't of Revenue, 544 P.3d 471 (Wash. 2024). · cites it 4× “47 C.F.R. § 54.407 (a). Where the carrier opts to provide a prepaid plan, it may receive USF funds only after the subscriber has activated their service and only for so long as the subscriber makes qualifying use of the service within each subsequent 30-day period.”
State Tax Assessor v. Tracfone Wireless, Inc. (Me. Super. Ct 2020). · cites it 2× “In support of its assertion that Lifeline services cannot be classified as "prepaid", Tracfone cites 47 C.F.R. § 54.407 (c), which details when a wireless carrier receives a federal Lifeline subsidy: an eligible telecommunications carrier offering a Lifeline service that does…”
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