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Citation for Rule Violation in Lifeline Program

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Released: May 2, 2013


Federal Communications Commission

DA 13-926

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
GXXX Latimer1
File No.: EB-13-IH-0868
Illegal Receipt of Duplicate
Lifeline Support


Adopted: May 2, 2013

Released: May 2, 2013

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


issued pursuant to Section
503(b)(5) of the Communications Act of 1934, as amended (Communications Act),2 to GXXX
Latimer (“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
According to our records, you currently receive Lifeline-supported service on
five customer accounts from the following companies: YourTel America, Inc.; Nexus
Communications, Inc. d/b/a Reachout Wireless; and Telrite Corporation d/b/a Life 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
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

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).


Federal Communications Commission

DA 13-926

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

In addition, you should have received a letter from the Universal Service
Administrative Company dated February 26, 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.

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

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 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: EB File No.: EB-13-IH-0868

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.
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.
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.

7 See 47 C.F.R. § 1.80(b)(3).


Federal Communications Commission

DA 13-926

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 willfully false statement, or concealment of any material fact, made in reply to
this Citation and Order is punishable by fine or imprisonment.10
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 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).


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.


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.


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

8 See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3).
9 See 47 C.F.R. § 1.17.
10 See 18 U.S.C. § 1001 et seq.

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