SECTION 165:55-23-15. Lifeline program

(a)   Each telecommunications service provider or wireless provider who has been designated as an ETC shall submit tariffs to the Commission or post informational terms, conditions, and rates on the Company's website and provide to the Commission; implementing a program for which qualifying low-income end-users pay reduced charges as a result of the Lifeline support amount described in (e) below.

(b)   If the ETC has toll services, the ETC shall offer toll restriction to all qualifying low-income end-users at the time such end-user subscribes to Lifeline service. If the end-user elects to receive toll restriction, that service shall become part of that end-user's Lifeline service. ETCs may not collect a deposit in order to initiate Lifeline service if the qualifying low-income end-user voluntarily elects toll restriction, where available, from the ETC. If toll restriction is unavailable, or if it is available and the qualifying low-income end-user does not elect toll restriction, the ETC may charge a deposit as detailed in OAC 165:55-9-14.

(c)   Each ETC shall publicize the availability of Lifeline service throughout their designated ETC service area in a manner reasonably designed to reach those likely to qualify for the service.

(d)   Qualifying end-users must meet the eligibility criteria set out in OAC 165:55-23-12.

(e)   For a qualifying low-income end-user who is not an eligible resident of Tribal lands, the Lifeline support amount shall not exceed the federal support amount at 47 C.F.R. § 54.403(a)(1) and § 54.403(a)(2) plus, when qualified, the state support amount established by Commission order or by 17 O.S. § 139.105. For an eligible low-income end-user who lives on Tribal Land, the Lifeline support amount shall not exceed the federal support amount at 47 CFR § 54.403(a)(1), § 54.403(a)(2) and 47 C.F.R. § 54.403(a)(3) plus, when qualified, the state support amount established by Commission order or by 17 O.S. § 139.105.

(f)   The ETC shall instruct applicants to the Lifeline program to indicate, at the time of application, in writing, all qualifying programs under which the applicant is eligible for or receives assistance or benefits.

(g)   The wireless provider must provide access to its own customer service department by dialing 611 from the wireless handset or have a toll free number for contacting the ETC programmed in the phone and clearly identified.

(h)   Any wireless handset provided in conjunction with the Lifeline Service must clearly identify the provider of the service.

(i)   An ETC may not provide Lifeline Service purely by resale without a Commission order.

(j)   An approved Lifeline product may not be modified without submitting the modification to the Director of the Public Utility Division at least fifteen (15) days prior to the effective date of the proposed change for the purpose of receiving a determination whether the modification is in the public interest. Unless the ETC receives written notification that its modification is NOT IN THE PUBLIC INTEREST within fifteen (15) days after its submission, the submission is deemed to be in the public interest and may be implemented.

(k)   The ETC shall utilize a third party verification system that has been approved by the Director of the Public Utility Division to verify the customer's identity and address, or obtain a waiver from the Director of the Public Utility Division from this requirement.

(l)   The ETC must retain a copy of the signed application for Lifeline Service, and any recertification information for three (3) years.

(m)   The ETC shall maintain a database sufficient to identify any duplicates among all companies affiliated with the ETC.

(n)   Any Lifeline plan offered by a wireless provider must comply with the minimum service standards for voice services detailed at 47 C.F.R. § 54.408.

(o)   In addition to other remedies available to the Commission, violations of the marketing rules may result in a minimum of a thirty (30) days suspension of an ETC's ability to sign up new customers.

(p)   The ETC shall comply with the recordkeeping requirements with respect to records on customer identity and addresses, along with corresponding documentation confirming customer eligibility for either State or Federally supported Lifeline Service, as identified in 17 O.S. § 139.105.

(q)   If there is no usage of the wireless provider's handset for thirty (30) days, the ETC shall de-enroll the customer, according to federal guidelines.

[Source: Added at 21 Ok Reg 2101, eff 7-1-04; Amended at 30 Ok Reg 1565, eff 7-11-13; Amended at 32 Ok Reg 828, eff 8-27-15; Amended at 34 Ok Reg 989, eff 9-11-17]