Federal Communications Commission
News Media Information 202 / 418-0500
445 12th St., S.W.
Washington, D.C. 20554
Released: December 10, 2012
WIRELINE COMPETITION BUREAU SEEKS COMMENT ON
STATE CERTIFICATIONS TO OPT-OUT OF THE NATIONAL LIFELINE
WC Docket Nos. 11-42, 03-109, 12-23;
CC Docket No. 96-45
Comment Date: January 9, 2013
Reply Comment Date: January 24, 2013
The Wireline Competition Bureau (Bureau) seeks comment on state certifications to opt-out of
the National Lifeline Accountability Database (national database) filed by California, Texas, Vermont,
Oregon and Puerto Rico.1
In the Lifeline Reform Order
, the Commission directed the Universal Service Administrative
Company to establish the national database to detect and eliminate duplicative Lifeline support and
prevent incidences of duplicative Lifeline support going forward.2 The Commission recognized that a
number of states had already or were prepared to move forward with their own system to detect, eliminate
and prevent duplicative Lifeline support.3 In order to facilitate these efforts, the Commission established
a process by which states could “opt-out” of the national database under section 54.404(a) of the
Commission’s rules.4 To opt-out, states were required to file a one-time certification that the state has a
Petition of the State of California Public Utilities Commission and the People of the State of California to Opt
Out of National Lifeline Accountability Database; WC Dkt. Nos. 11-42 et al.
, CC Dkt. No. 96-45 (filed Dec. 3,
2012); Petition of the Puerto Rico Telecommunications Board to Opt Out of the National Lifeline Accountability
Database, WC Dkt. Nos. 11-42 et al.
, CC Dkt. No. 96-45 (filed Nov. 30, 2012); Petition and Certification of the
Public Utility Commission of Oregon to Opt-Out of the National Lifeline Database, WC Dkt. Nos. 11-42 et al.
Dkt. No. 96-45 (filed Nov. 30, 2012); Amendment to the Petition To Opt-Out of the National Database Pursuant to
CFR 47 § 54.404(a) by the Public Utility Commission of Texas; WC Dkt. Nos. 11-42 et al.
, CC Dkt. No. 96-45
(filed Nov. 16, 2012) (amending Petition To Opt-Out of the National Database Pursuant to CFR 47 § 54.404(a) by
the Public Utility Commission of Texas; WC Dkt. Nos. 11-42 et al.
, CC Dkt. No. 96-45 (filed Sept. 13, 2012));
Petition and Certification of the Vermont Public Service Commission to Opt-Out of the National Lifeline
Accountability Database and Petition for Waiver of § 54.410, WC Dkt. Nos. 11-42 et al.
, CC Dkt. No. 96-45 (filed
Nov. 1, 2012).
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, 27 FCC Rcd 6656, 6734-6756 at paras. 179-225 (Lifeline Reform
3 See id
27 FCC Rcd at 6752-6753, para. 221.
4 See id.
comprehensive system in place to check for duplicative federal Lifeline support that is at least as robust as
the processes adopted by the Commission and that covers all ETCs in the state.5 The certification must
itemize with particularity each functionality of the state’s system that corresponds to the federal rules.6 If
the Bureau does not act on a certification within 90 days of filing, it will be automatically granted.7 ETCs
operating in the states whose certifications have been granted by the Bureau are not required to comply
with the rules and obligations with respect to the national database. 8
On October 11, 2012, the Bureau released a public notice providing guidance to states regarding
the opt-out certification process.9 In that public notice, the Bureau also provided a waiver of the deadline
to file opt-out certifications until December 1, 2012.10 California, Texas, Vermont, Oregon and Puerto
Rico filed opt-out certifications on or before December 1, 2012.11 In order to facilitate review of the state
certifications by the Bureau and public, the Bureau now seeks comment on these state certifications.
Pursuant to sections 1.415 and 1.419 of the Commission’s rules, interested parties may file
comments on or before the dates indicated above.12 Comments may be filed using the Commission’s
Electronic Comment Filing System (ECFS).13
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.
5 See id.
6 See id.
7 See id.
8 See id
.; 47 C.F.R. § 54.404.
9 Wireline Competition Bureau Clarifies Minimum Requirements for States Seeking To Opt Out Of The National
Lifeline Accountability Database
, WC Dkt. No. 11-42 et al
., CC Dkt. No. 96-45, Public Notice, 27 FCC Rcd 12321
10 See id
., 27 FCC Rcd at 12321-12321, pp. 1-2.
11 See supra
12 47 C.F.R. §§ 1.415, 1.419.
13 See Electronic Filing of Documents in Rulemaking Proceedings
, GC Docket No. 97-113, Report and Order, 13
FCC Rcd 11322 (1998).
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 firstname.lastname@example.org
or call the
Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty).
In addition, one copy of each pleading must be sent to each of the following:
(1) Jonathan Lechter, Telecommunications Access Policy Division, Wireline Competition Bureau, 445
12th Street, SW, Room 5-B510, Washington, DC 20554; e-mail: email@example.com; and
(2) Charles Tyler, Telecommunications Access Policy Division, Wireline Competition Bureau, 445 12th
Street, SW, Room 5-A452, Washington, DC 20554; e-mail: Charles.Tyler@fcc.gov
The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte
rules.14 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
For further information, please contact Jonathan Lechter, Telecommunications Access Policy
Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484.
- FCC -
14 47 C.F.R. §§ 1.1200 et seq.