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Comment Sought on How NLAD Can Accommodate ACP Participant Addresses

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Released: November 21, 2013
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PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-2240

Released: November 21, 2013

WIRELINE COMPETITION BUREAU SEEKS COMMENT ON HOW THE NATIONAL

LIFELINE ACCOUNTABILITY DATABASE CAN ACCOMMODATE ADDRESSES FOR

PARTICIPANTS OF ADDRESS CONFIDENTIALITY PROGRAMS

WC Docket No. 11-42

Comment Date: December 5, 2013

Reply Comment Date: December 12, 2013

In this Public Notice, the Wireline Competition Bureau (Bureau) seeks comment on waiving

certain Lifeline rules for the benefit of those individuals participating in state-administered Address

Confidentiality Programs (ACPs).1

ACPs allow victims of domestic violence or sexual abuse to keep

their residential address confidential from public records.2

These programs are administered at the state

level and provide victims with alternate, shared mailing addresses for use on public documents, such as

public benefit materials or voter registration.3

The addresses often include a P.O. Box along with an

individualized code tied to each participating consumer.4

In the Lifeline Reform Order, the Commission adopted a rule requiring subscribers to provide

their residential address to Eligible Telecommunications Carriers (ETCs) prior to receiving Lifeline

service.5

ETCs must transmit that residential address to the National Lifeline Accountability Database

(NLAD) when it is ready to accept subscriber information, in order to facilitate a check for duplicative

1 See National Center for Victims of Crime, Stalking Resource Center, Address Confidentiality Programs,

http://www.victimsofcrime.org/our-programs/stalking-resource-center/help-for-victims/address-confidentiality-

programs (last viewed Nov. 21, 2013) (describes the aims and purposes of the programs).

2 National Network to End Domestic Violence, Technology Safety: Address and Voter Confidentiality Programs,

http://www.nnedv.org/resources/safetynetdocs/155-privacy/923-acp-state-by-state.html (last viewed Nov. 21, 2013).

3 See id. Many states utilize a single address for enrollees. See, e.g., The Attorney General of Texas, The Address

Confidentiality Program, https://www.oag.state.tx.us/victims/acp.shtml (last viewed Nov. 21, 2013); Secretary of the

Commonwealth of Massachusetts, Address Confidentiality Program FAQs,

https://www.sec.state.ma.us/acp/acphowto.htm#acp1 (last viewed Nov. 21, 2013); Attorney General of North

Carolina, North Carolina’s Address Confidentiality Program (ACP), http://www.ncdoj.gov/getdoc/367d0368-4682-

47dd-a653-9ee175ac218e/ACP_Brochure_Eng-(2010).aspx (last viewed Nov. 21, 2013).

4 See, e.g., Colorado Department of Personnel and Administration, About the Colorado Address Confidentiality

Program,

http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=application%2Fpdf&blobkey=id&blobtable=Mu

ngoBlobs&blobwhere=1251736045538&ssbinary=true (last viewed Nov. 21, 2013); National Center for Victims of

Crime, Stalking Resource Center, Address Confidentiality Programs, http://www.victimsofcrime.org/our-

programs/stalking-resource-center/help-for-victims/address-confidentiality-programs (last viewed Nov. 21, 2013).

5 Lifeline and Link Up Reform and Modernization et al., WC Docket Nos. 11-42 et al., Report and Order and Further

Notice of Proposed Rulemaking, 27 FCC Rcd 6656 (2012) (Lifeline Reform Order). See also 47 C.F.R. §

54.410(d)(2)(ii).

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support.6

The current Lifeline rules do not permit subscribers to use P.O. Boxes as their residential

address.7

We seek comment on whether the Bureau should waive the rule limiting the use of P.O. Box

residential addresses, to allow qualifying, low-income consumers who participate in state-administered

ACPs to receive Lifeline service. A potential Lifeline subscriber would provide the ETC with proof that

he or she is receiving mail at the address that has been designated by the state as the ACP address. ETCs

would then transmit that address to the NLAD as the residential address for that subscriber.8

We seek

comment on the types of official documents that ETCs should accept as proof of ACP enrollment and the

address formats used for ACP participants. We also seek comment on whether to waive the requirement

for ACP participants to fill out a one per household worksheet, in order to allow for more efficient

Lifeline enrollment for ACP recipients.9

Finally, we seek comment on whether any additional safeguards

might be necessary to ensure that any waiver provided does not increase the likelihood of waste, fraud

and abuse.

Pursuant to sections 1.415 and 1.419 of the Commission’s rules,10 interested parties may file

comments and reply comments on or before the dates indicated on the first page of this document.

Comments should reference WC Docket No. 11-42, and may be filed using the Commission’s Electronic

Comment Filing System (ECFS) or by filing paper copies.

Electronic Filers:

Comments may be filed electronically using the Internet by accessing the

ECFS: http://fjallfoss.fcc.gov/ecfs2/.

Paper Filers: Parties who choose to file by paper must file an original and one copy of each

filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by

first-class or overnight U.S. Postal Service mail. All filings must be addressed to the

Commission’s Secretary, Office of the Secretary, Federal Communications Commission.

o

All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary

must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,

Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries

must be held together with rubber bands or fasteners. Any envelopes and boxes must be

disposed of before entering the building.

o

Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority

Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

6 See 47 C.F.R. § 54.404(b)(6).

7 See Lifeline Reform Order, 27 FCC Rcd at 6695, para. 87 (stating that P.O. Boxes are not allowed to be used as

residential addresses on Lifeline application and enrollment forms).

8 See 47 C.F.R. § 54.404(b)(6).

9 Because many states’ ACP programs operate through a single address, without such a waiver, many ACP

participants would have to fill out a one-per-household worksheet. See Lifeline Reform Order, 27 FCC Rcd at 6691,

para. 78 n.208. Even with such a waiver, however, pursuant to the Commission’s eligibility certification

requirements, an ACP participant would still need to certify s/he is only receiving one Lifeline benefit per

household. See 47 C.F.R. § 54.410(d)(3)(vi).

10 47 C.F.R. §§ 1.415, 1.419.

2

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o

U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th

Street, SW, Washington DC 20554.

People with Disabilities: To request materials in accessible formats for people with disabilities

(Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the

Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in

accordance with the Commission’s ex parte rules.11

Persons making ex parte presentations must file a

copy of any written presentation or a memorandum summarizing any oral presentation within two

business days after the presentation (unless a different deadline applicable to the Sunshine period applies).

Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation

must (1) list all persons attending or otherwise participating in the meeting at which the ex parte

presentation was made, and (2) summarize all data presented and arguments made during the

presentation. If the presentation consisted in whole or in part of the presentation of data or arguments

already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the

presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or

other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be

found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission

staff during ex parte meetings are deemed to be written ex parte presentations and must be filed

consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has

made available a method of electronic filing, written ex parte presentations and memoranda summarizing

oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment

filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,

searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex

parte rules.

For further information, please contact Michelle Schaefer, Telecommunications Access Policy

Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484, or

Michelle.Schaefer@fcc.gov.

- FCC -

11 See 47 C.F.R. §§ 1.1200 et seq.

3

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