142. In this section, we seek comment on two proposals to update our rules to reflect the manner in which consumers use Lifeline service today. We find that all consumers, including low- income consumers, should have access to the same features, functions, and consumer protections.
1. TracFone Petition for Rulemaking Regarding Texting
143. In light of the widespread use of text messages, and as part of our continuing efforts to modernize the Lifeline program, we seek comment on amending our rules to treat the sending of text messages as usage for the purpose of demonstrating usage sufficient to avoid de-enrollment from Lifeline service. In so doing, we grant in part and deny in part a petition on this filed by TracFone.291
Specifically, we grant that portion of Tracfone’s petition that requests the initiation of a rulemaking proceeding to amend section 54.407(c)(2) of the Commission’s rules to allow Lifeline subscribers to establish usage of Lifeline service by sending text messages. We deny, however, the portion of
TracFone’s petition that requests the initiation of a rulemaking to also include receipt of text messages to count as usage. Because the subscriber cannot control whether others send texts, the receipt of such texts should not be used as a basis for concluding that the subscriber wishes to retain service. We also deny the portion of Tracfone’s petition that concerns a request for interim relief allowing subscribers to use text messaging to establish usage during the pendency of the requested rulemaking. While we think there is enough merit to TracFone’s proposal to seek comment on a rule change, we are not yet certain enough to find good cause to waive the rule to allow text messaging to count as usage.
144. Our rules currently require subscribers of prepaid Lifeline services to use the service at least once every 60 days.292 The Commission adopted that requirement to ensure that Lifeline providers do not receive Lifeline support for customers who do not actually use the service. The requirement only applies to prepaid services because the Commission found that subscribers to post-paid Lifeline providers do not present the same risk of inactivity as subscribers to pre-paid services.
145. In 2012, the Commission declined to include sending or receiving a text message in the list of activities that qualify as usage for purposes of section 54.407(c)(2) of the Commission’s rules, on the basis that text messaging is not a supported service.293 While it is true that text messaging is not currently a supported service, it is widely used by wireless consumers for their basic communications needs.294 According to TracFone, the rapid increase in use of texting by subscribers of wireless service, and the reliance on text messaging by individuals who are deaf, hard of hearing, or have difficulty with
291See TracFone Texting Petition. 29247 C.F.R § 407(c)(2).
293Lifeline Reform Order, 27 FCC Rcd at 6770, n.709.
294Facilitating the Deployment of Text-to-911 and Other Next Generation 911 Applications, Second Report and Order and Third Further Notice of Proposed Rulemaking, 29 FCC Rcd 9846, 9852, para. 12 (2014).
speech, weigh in favor of amending the Commission’s rules to allow text messaging as an activity that constitutes usage of service.295
146. Allowing text messages to constitute usage would be a reversal of the Commission’s previous decision. However, in light of the changes in consumer behavior highlighted by the extensive use of text messaging, we propose to amend section 54.407(c)(2) of our rules to allow the sending of a text message by a subscriber to constitute usage. Is it appropriate to base a subscriber’s intention to use a supported service on that subscriber’s use of a non-supported service? We also seek comment on whether the distinctions between text messaging, voice, and email should remain relevant, for the purposes of the usage rules, given that all such transmissions may occur over the same broadband Internet access service. We also seek comment on the conclusion that we should not allow the receipt of text messages to qualify as usage, because this would leave control of whether the subscriber “intended” to use the service in the hands of others.
2. Subscriber De-enrollment Procedures
147. In this section, we propose to adopt procedures to allow subscribers to terminate Lifeline service in a quick and efficient manner. The Commission has received anecdotal evidence that some subscribers cannot readily reach their Lifeline provider to terminate service, or their request to terminate service is not followed. As a result, funds are wasted for services that are either not used or no longer desired.
148. Background. In the Lifeline Reform Order, the Commission codified rules requiring
Lifeline providers to de-enroll any subscriber indicating that he or she is receiving more than one Lifeline-supported service per household, or if the subscriber neglects to make the required one-per- household certification on his or her certification form.296 In order to ensure consumers are fully informed about the terms of usage, we also adopted rules requiring pre-paid Lifeline providers to notify their subscribers at service initiation about the non-transferability of the phone service, its usage requirements, and that de-enrollment and deactivation will result following non-usage in any 60-day period of time.297 We also required Lifeline providers to update the database within one business day of de-enrolling a consumer for non-use.298 These rules were adopted, among other reasons, to substantially strengthen protections against waste, fraud, and abuse and improve program administration and accountability.299 The Commission reasoned that “[a]dopting usage requirements should reduce waste and inefficiencies in the Lifeline program by eliminating support for subscribers who are not using the service and reducing any incentives ETCs may have to continue to report line counts for subscribers that have discontinued their service.”300
149. Although section 54.405(e)(1) requires Lifeline providers to de-enroll subscribers when an Lifeline provider has a reasonable basis to believe that the subscriber no longer meets the Lifeline-
295TracFone Texting Petition at 5.
296See Lifeline Reform Order, 27 FCC Rcd at 6712, para. 122; 47 C.F.R. § 54.405(e). Similarly, in the 2011 Duplicative Program Payments Order, the Commission affirmed that an eligible consumer may only receive one Lifeline-supported service and therefore we established procedures to detect and de-enroll subscribers receiving duplicative Lifeline-supported services. Lifeline and Link Up Reform and Modernizationet al, Report and Order, WC Docket No. 11-42 et al., 26 FCC Rcd 9022, 9026, para. 7 (2011) (2011 Duplicative Program Payments Order) (amending sections 54.401 and 54.405 to codify the restriction that an eligible low-income consumer cannot receive more than one Lifeline-supported service at a time).
297See Lifeline Reform Order, 27 FCC Rcd at 6769, para. 257; see also 47 C.F.R. § 54.405(e)(3). 29847 C.F.R. § 54.405(e)(3).
299Lifeline Reform Order, 27 FCC Rcd at 6769, para. 258 300Id.
qualifying criteria (including instances where a subscriber informs the Lifeline provider or the state that he or she is ineligible for Lifeline), this provision does not cover those situations where, for whatever reason, subscribers themselves wish to terminate Lifeline services.301
150. Discussion. We propose to require Lifeline providers to make readily available a 24 hour
customer service number allowing subscribers to de-enroll from Lifeline services, for any reason, and codify the obligation that Lifeline providers must implement the subscriber’s decision within two business days of the request. We seek comment on this proposal.302
151. We seek further comment on requiring Lifeline providers to publicize their 24-hour customer service number in a manner reasonably designed to reach their subscribers and indicate, on all materials describing the service that subscribers may cancel or de-enroll themselves from Lifeline services, for any reason, without having to submit any additional documents. For the purposes of this rule, we propose that the term “materials describing the service” includes all print, audio, video, and web materials used to describe or enroll in the Lifeline service offering, including application and certification forms and materials sent confirming initiation of the service. We seek comment on a rule requiring Lifeline providers to record such requests for termination and make such records available to state and Federal regulators upon request. We also make clear that a Lifeline provider’s failure to respect their subscribers’ wishes to de-enroll from Lifeline service may subject the Lifeline provider to enforcement action.
152. We seek comment on whether the FCC should require a particular authentication process or leave that decision up to each Lifeline provider. In order to make this process easy for the subscriber wishing to terminate Lifeline service, we propose that ETCs authenticate subscribers solely through social security numbers, account numbers, or some other personal identification verifying the subscriber’s identity. In order to minimize the burden on Lifeline providers implementing these de-enrollment procedures, including any customer authentication processes we adopt, we further propose that any rules regarding subscriber de-enrollment shall become effective six months after the release of an order implementing such rules, and seek comment on this proposal. However, we note that, prior to the effective date of any requirements in this section, a Lifeline provider’s failure to de-enroll the subscriber within a reasonable period of time upon request may constitute a violation of the Act and our rules.303
153. We seek comment on alternative ways to achieve the same goals. Relatedly, we seek comment on revising section 54.405(e)(1) to require Lifeline providers to de-enroll subscribers within five business days.304 We also seek comment on any other barriers to implementation the Commission should consider related to subscriber de-enrollment. We believe that these rules will further our interest in reducing waste and fraud, improve program administration and accountability, and facilitate subscriber choice and ultimate control over their Lifeline service.
3. Wireless Emergency Alerts
154. Wireless Emergency Alerts (WEA) play an important role in our nation’s alerting and public warning system. Participating carriers send, free-of-charge to their subscribers, text-like messages
301Section 54.405(e)(1) also requires ETCs to send notification of impending termination in writing separate from the subscriber’s monthly bill. Carriers must allow subscribers 30 days following the date of the impending termination letter in which to demonstrate continued eligibility. 47 C.F.R. § 54.405(e)(1).
302We note simple number ports generally occur within one day. 47 CFR § 52.35(a).
303See 47 U.S.C. § 201(b) (“All charges, practices, classifications, and regulations for and in connection with such communication service shall be just and reasonable.”). Cf. Advantage Telecommunications Corp., Apparent Liability for Forfeiture, EB-TCD-12-00004803, 28 FCC Rcd 6843, 6851, para. 20 (2013) (identifying apparent violations of section 201(b) when a carrier continued to bill consumers after the consumers had taken steps to switch back to their preferred carriers).
alerting subscribers of emergencies in their area, falling under one of the following three classes: 1) Presidential alerts, 2) imminent threats, and 3) child abduction emergency, or AMBER, alerts. This system (formerly known as the Commercial Mobile Alert System) allows authorized government agencies to send geographically targeted emergency alerts to commercial wireless subscribers who have WEA-capable mobile devices and whose commercial wireless service provider has elected to offer the service. Under the WARN Act, participation in WEA system by wireless carriers is widespread but entirely voluntary. As a result, not all CMS providers currently provide WEA service or do not intend to provide WEA service through their entire service areas.