§ 54.401   Lifeline defined.

   (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]

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