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PN Seeking Comment on USTelecom Petition for Waiver

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Released: May 1, 2012


Federal Communications Commission

News Media Information 202 / 418-0500
445 12th St., S.W.
Fax-On-Demand 202 / 418-2830
TTY 202 / 418-2555

Washington, D.C. 20554


DA 12-692

Release Date: May 1, 2012


WC Docket Nos. 12-23, 11-42, 03-109;

CC Docket No. 96-45

Comment Date: May 15, 2012

The Wireline Competition Bureau (Bureau) seeks comment on a Petition for Waiver (petition)
filed on April 25, 2012 by the United States Telecom Association (USTelecom).1
In its petition, USTelecom requests that the Commission temporarily waive several rules
established in the recent Lifeline Reform Order.2 Specifically, USTelecom seeks a temporary waiver
from the obligation to obtain a signed customer certification and a notice of customer eligibility from
certain states prior to seeking reimbursement (sections 54.407(d), 54.410(b)(2),
54.410(c)(2)). USTelecom requests that the waiver apply to ETCs in those states which make initial
determinations of customer eligibility and are unable to modify their procedures in time for the ETCs to
comply with sections 54.407(d), 54.410(b)(2) and 54.410 by June 1, 2012.3 USTelecom requests that
the waiver last until a state is able to provide ETCs with the required notices of eligibility and customer

1 Lifeline and Link Up Reform and Modernization et al., Petition for Waiver, WC Dkt. Nos. 11-42 et al. CC Dkt. No.
95-45 (filed Apr. 25, 2012) (USTelecom Petition).
2 See Lifeline and Link Up Reform and Modernization et al., Report and Order and Further Notice of Rulemaking,
WC Dkt. Nos. 11-42 et al., CC Dkt. No. 96-45, FCC 12-11 (rel. Feb 6, 2012) (Lifeline Reform Order).
3 See id. at 2-3 (noting that the waiver request would only apply to customers in a state served by ETCs which do not
themselves screen for eligibility and only to those customers in a state enrolled through qualifying programs subject
to automatic enrollment.)
4 See id. at 2.

Interested parties may file comments on or before May 15, 2012. Because at least some of the
rules from which USTelecom seeks waiver will go into effect June 1, 2012 the Bureau adopts an
expedited comment period for this proceeding.5
Pursuant to sections 1.415 and 1.419 of the Commission’s rules, interested parties may file
comments on or before the date indicated on the first page of this document. Comments may be filed
using the Commission’s Electronic Comment Filing System (ECFS).6
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
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.
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.
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.
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 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.7 Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two

5 See Wireline Competition Bureau Provides Notice Regarding the Effective Date of Certain Rules Adopted in the
Lifeline Reform Order
, Public Notice, WC Dkt. Nos. 11-42 et al., CC Dkt. No. 96-45, DA 12-689 at n.2, 2 (rel. May
1, 2012) (noting, among other things, that section 54.410(a)-(f) will go into effect June 1, 2012).
6 See 47 CFR §§ 1.415, 1.419; Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121
7 47 C.F.R. §§ 1.1200 et seq.

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
For further information, please contact Jonathan Lechter, Telecommunications Access Policy
Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484.
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