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Citation for Rule Violation in Lifeline Program

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Released: June 13, 2013

Redacted

Federal Communications Commission

DA 13-1321

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

DXXX Tovar1
)
)

File No. EB-13-IH-0984
Illegal Receipt of Duplicate
)
Lifeline Support
)
)

CITATION AND ORDER

Adopted: June 13, 2013

Released: June 13, 2013

By the Deputy Chief, Investigations and Hearings Division, Enforcement Bureau:
1.
This is an official

CITATION AND ORDER

issued pursuant to Section 503(b)(5) of the
Communications Act of 1934, as amended (Communications Act),2 to DXXX Tovar ("you") for
violations of the Federal Communications Commission's rules for the Universal Service Lifeline
Program, which helps qualifying low income consumers get access to phone service.3
2.
According to our records, you currently receive Lifeline-supported service on four
customer accounts from TracFone Wireless, Inc. d/b/a SafeLink Wireless, Verizon New York Inc., and
Virgin Mobile USA, LLC d/b/a Assurance Wireless. As you should know, your household can have only
one Lifeline-supported phone service.4 When you signed up for Lifeline-supported phone service, you
should have signed a form where you certified, under penalty of perjury, that you and other members of
your household do not already have Lifeline-supported phone service.5 You also should have certified
that you were eligible for Lifeline service, and that all of the information in your application was truthful.6

1 The name of the recipient of this Citation and Order has been redacted in part to protect the recipient's personal
privacy interests. See 5 U.S.C. 552(a); see also 47 C.F.R. 0.455(g) ("To the extent required to prevent a clearly
unwarranted invasion of personal privacy . . . the Commission may delete identifying details or confidential
information when it makes available or publishes any document described in this section."). We take this action
because, in this case, the individual's identity has no bearing or effect on the subject matter of the document, and
there is no need for the general public to know it. Therefore, at this juncture, the interest in protecting the private
citizen's right to be secure in his or her personal affairs outweighs any purported interest the public might have in
knowing the individual's identifying information.
2 47 U.S.C. 503(b)(5).
3 The Commission is issuing this Citation and Order pursuant to Section 503(b)(5) of the Communications Act of
1934, as amended, 47 U.S.C. 503(b)(5).
4 See 47 U.S.C. 54.410(d)(3).
5 See 47 C.F.R. 54.410(d)(3)(vi).
6 See 47 C.F.R. 54.410(d)(3).

Redacted

Federal Communications Commission

DA 13-1321

3.
By obtaining Lifeline service from multiple providers, you violated the rule limiting each
household to only one Lifeline-supported phone service, and you apparently made multiple false
certifications that are punishable by law.

Therefore, we ORDER you to cease and desist from
applying for--or receiving--more than one Lifeline-supported phone service.


4.
In addition, you should have received a letter from the Universal Service Administrative
Company dated May 14, 2013 directing you to choose a single Lifeline service provider and explaining
that you would no longer receive benefits for more than one Lifeline-supported phone service.
5.

If you continue to violate the Communications Act or the Commission's rules in any

manner described in this letter after you receive this Citation and Order, the Federal
Communications Commission may impose monetary fines of up to $16,000 for each violation and
up to $112,500 for a single continuing violation.7

6.
You may respond to this Citation and Order within 30 days from the date of this letter by
requesting an interview or by submitting a written response explaining your position. If you want to
schedule an interview, please contact the Investigations and Hearings Division at (202) 418-1420 and
please reference the EB File Number and that you received a Lifeline citation and order. The interview
can be conducted in person at the FCC Field Office that is closest to your residence or by telephone with
an FCC representative in Washington, D.C. If you prefer to send a written response, you must send it
within 30 days of the date of this letter either by email to LifelineCitations@fcc.gov or by mail to:
Lifeline Citations
Investigations & Hearings Division
Enforcement Bureau
Federal Communications Commission
445 12th Street, SW, Rm. 4-C330
Washington, DC 20554

Re: File No. EB-13-IH-0984

7.
However you respond, you should explain the actions that you are taking to ensure that
you do not violate the FCC's rules governing the Lifeline program.
8.
The Commission's staff will use all relevant material information before it, including
information that you disclose in your interview or written statement, to determine what, if any,
enforcement action is required to ensure your compliance with the Communications Act and the
Commission's rules.
9.
The knowing and willful making of any false statement, or the concealment of any
material fact, in reply to this Citation and Order is punishable by fine or imprisonment under 18 U.S.C.
1001.
10.
Under the Privacy Act of 1974, any statement or information you provide may be used by
the Commission to determine if further enforcement action is required.8 Section 1.17 of the Rules also
requires that you provide truthful and accurate statements to the Commission.9 Any knowingly or

7 See 47 C.F.R. 1.80(b)(3).
8 See Privacy Act of 1974, 5 U.S.C. 552a(e)(3).
9 See 47 C.F.R. 1.17.
2

Redacted

Federal Communications Commission

DA 13-1321

willfully false statement, or concealment of any material fact, made in reply to this Citation and Order is
punishable by fine or imprisonment.10
11.
Reasonable accommodations for people with disabilities are available upon request.
Include a description of the accommodation needed, including as much detail as possible. Also include a
way we can contact you if we need more information. Please allow at least five (5) calendar days
advance notice; last minute requests will be accepted, but may be impossible to fill. Requests may be
submitted by email to fcc504@fcc.gov or by phone to the Commission's Consumer & Governmental
Affairs Bureau:

For sign language interpreters, CART, and other reasonable accommodations:
202-418-0530 (voice), 202-418-0432 (tty);

For accessible format materials (braille, large print, electronic files, and audio format):
202-418-0531 (voice), 202-418-7365 (tty).
12.

IT IS ORDERED

that pursuant to Sections 4(i), 4(j), and 403 of the Communications
Act of 1934, as amended, you must cease and desist from applying for--or receiving--more than one
Lifeline-supported phone service.
13.

IT IS FURTHER ORDERED

that a copy of this Citation and Order shall be sent by
email, First Class U.S. Mail, return receipt requested, and Certified Mail to the recipient of this Citation
and Order at the address of record.

FEDERAL COMMUNICATIONS COMMISSION

Pamela S. Kane
Deputy Chief, Investigations & Hearings Division
Enforcement Bureau

10 See 18 U.S.C. 1001 et seq.
3

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