47 C.F.R. § 54.409

Consumer qualification for Lifeline

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(a) To constitute a qualifying low-income consumer:

(1) A consumer's household income as defined in § 54.400(f) must be at or below 135% of the Federal Poverty Guidelines for a household of that size; or

(2) The consumer, one or more of the consumer's dependents, or the consumer's household must receive benefits from one of the following federal assistance programs: Medicaid; Supplemental Nutrition Assistance Program; Supplemental Security Income; Federal Public Housing Assistance; or Veterans and Survivors Pension Benefit.

(3) Consumers that are survivors can qualify to receive emergency communications support from the Lifeline program without regard to whether the survivor meets the otherwise applicable eligibility requirements of the Lifeline program in this part, if:

(i) The survivor suffers from financial hardship as defined by § 54.400(s); and

(ii) The survivor requested a line separation as required under 47 U.S.C. 345(c)(1) of the Communications Act of 1934.

(b) A consumer who lives on Tribal lands is eligible for Lifeline service as a “qualifying low-income consumer” as defined by § 54.400(a) and as an “eligible resident of Tribal lands” as defined by § 54.400(e) if that consumer meets the qualifications for Lifeline specified in paragraph (a) of this section or if the consumer, one or more of the consumer's dependents, or the consumer's household participates in one of the following Tribal-specific federal assistance programs: Bureau of Indian Affairs general assistance; Tribally administered Temporary Assistance for Needy Families; Head Start (only those households meeting its income qualifying standard); or the Food Distribution Program on Indian Reservations.

(c) In addition to meeting the qualifications provided in paragraph (a) or (b) of this section, in order to constitute a qualifying low-income consumer, a consumer must not already be receiving a Lifeline service, and there must not be anyone else in the subscriber's household subscribed to a Lifeline service.

[77 FR 12970, Mar. 2, 2012, as amended at 77 FR 38534, June 28, 2012; 81 FR 33093, May 24, 2016; 88 FR 84447, Dec. 5, 2023; 89 FR 70124, Aug. 29, 2024]

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2014–2026 · leading case: Whether FCC's Lifeline Prog. is a Benefit Subject to the Pers. Responsibility & Work Opportunity Reconciliation Act of 1996 (OLC 2026).

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Whether FCC's Lifeline Prog. is a Benefit Subject to the Pers. Responsibility & Work Opportunity Reconciliation Act of 1996 (OLC 2026). · cites it 5× “See 47 C.F.R. § 54.409 (a)(3). Unlike the general Lifeline 4 Whether FCC’s Lifeline Program is a Benefit Subject to PRWORA income that is “at or below 135% of the Federal Poverty Guidelines for a household of that size.”

State Tax Assessor v. Tracfone Wireless, Inc. (Me. Super. Ct 2020). · cites it 2× “47 C.F.R. §§ 54.409 (c), 54.410(d)(3)(vi).”

Maryland Attorney Gen. Opinion 99OAG208 (Md. Att'y Gen. 2014). · cites it 3× “47 C.F.R. § 54.409 . States may also create broader eligibility criteria, 47 C.”

Telrite Corp. v. Nebraska Pub. Serv. Comm. (Neb. 2014). · cites it 2× “866 The Telecommunications Act also authorized states to cre- ate their own universal service funds and maintain them with mandatory contributions from providers of intrastate telecom- munications services.”

Natale v. Arizona Premium Fin. Co., Inc. (W.D.N.Y. 2021). “This is a program that provides cellphone service to low income individuals and households, 47 C.F.R. § 54.409 (Docket No. 26, Pl. Statement ¶ 5; Docket No.”

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