Florida Public Service Commission native order document 01175-2023

Order No. PSC-2023-0095-NOR-TPFlapubserv

Testo completo

FILED 2/20/2023
DOCUMENT NO. 01175-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Proposed amendment of Rule 25-4.0665,
F .A.C., Lifeline Assistance.
DOCKET NO. 20230011-TP
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ORDER NO. PSC-2023-0095-NOR-TP
ISSUED: February 20, 2023
The following Commissioners participated in the disposition of this matter:
BY THE COMMISSION:
ANDREW GILES FAY , Chairman
ARTGRAHAM
GARY F. CLARK
MIKE LAROSA
GABRIELLA P ASSIDOMO
NOTICE OF RULEMAKING
NOTICE is hereby given that the Florida Public Service Commission, pursuant to Section
120.54, Florida Statutes, has proposed the amendment of Rule 25-4.0665, Florida Administrative
Code, relating to Lifeline Assistance.
The attached Notice of Proposed Rule appeared in the February 20, 2023 edition of the
Florida Administrative Register.
If timely requested, a hearing will be held at a time and place to be announced in a future
notice.
Requests for hearing on the proposed rule, information regarding the statement of
estimated regulatory costs, or proposals for a lower cost regulatory alternative must be provided
in writing and received by the Office of Commission Clerk, Florida Public Service Commission,
2540 Shumard Oak Blvd., Tallahassee, FL 32399-0862, no later than March 13, 2023 .
ORD ER N O. PSC-20 23 -0095-NO R-TP
DOCKET NO. 202300 11- TP
PAGE2
By ORDER of th e Florida Public Service Com mi ss ion th is 20th day of February, 2023 .
DD S
Flo rid a Pu bli c Service Co mmission
25 40 S hum a rd Oa k Bo ul eva rd
Ta ll ahassee, Florida 32399
(850) 4 13-6770
www. fl o ri dapsc.com
Copies fu rn ished: 	A copy of this document is
p rov id ed to th e pa rties of record at the time of
iss uance a nd , if applicable , interested persons.
ORDER NO. PSC-2023-0095-NOR-TP
DOCKET NO. 20230011-TP
PAGE 3
Notice of Proposed Rule
PUBLIC SERVICE COMMISSION
RULE NO: 	RULE TITLE:
25-4.0665 	Lifeline Assistance
PURPOSE AND EFFECT: To clarify and update the rule and implement changes to Section 364.10, Florida
Statutes, made in the 2022 Legislative Session.
Docket No. 20230011-TP
SUMMARY: Rule 25-4.0665, F.A.C., Lifeline Assistance, is amended to clarify that an eligible telecommunications
carrier (ETC) must notify a Lifeline subscriber of impending termination of Lifeline service if there is reason to
believe the subscriber no longer qualifies for the service and requires a subscriber to provide proof of continued
eligibility for Lifeline service upon request of the ETC, the Federal Communication Commission (FCC) or its
designee. 	The amendment also removes obsolete provisions relating to income eligibility standards inconsistent
with current FCC requirements; removes references to state agencies no longer involved in the development of
procedures from promoting Lifeline; clarifies that the Commission and the Department of Children and Families
may exchange information with ETCs, and the FCC or its designee, in order to enroll eligible customers in Lifeline
service; and requires any state agency that determines a person is eligible for Lifeline service to coordinate with the
FCC or its designee to verify eligibility.
SUMMARY 	OF 	STATEMENT 	OF 	ESTIMATED 	REGULATORY 	COSTS 	AND 	LEGISLATIVE
RATIFICATION: The agency has determined that this will not have an adverse impact on small business or likely
increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the
implementation of the rule. A SERC has been prepared by the agency.
The SERC examined the factors required by Section 120.541(2), FS, and concluded that the rule amendment will
not have an adverse impact on economic growth, business competitiveness, or small business and transactional cost
impacts, if any, would be minimal to the individual and entities, including government entities, required to comply
with the rule.
 The agency has determined that the proposed rule is not expected to require legislative ratification based on the
statement of estimated regulatory costs or, if no SERC is required, the information expressly relied upon and
described herein: based upon the information contained in the SERC.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a
proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 120.80(13)(d), 350.127(2), 364.10(2)(i) FS.
LAW IMPLEMENTED: 364.10, 364.105, 364.183(1) FS
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED
AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Douglas Sunshine, Office of
General Counsel, 2540 Shumard Oak Blvd., Tallahassee, FL 32399-0850, (850)413-6224, dsunshin@psc.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
25-4.0665 Lifeline Assistance.
(1) Eligible Telecommunications Companies must offer Lifeline Assistance as prescribed by the Federal
Communications Commission in Title 47, Code of Federal Regulations, Part 54, Subpart E, Universal Service
Support for Low-Income Consumers, Sections 54.400 through 54.423 54.417, in effect as of September 8, 2022 as
amended October 1, 2017, which are hereby incorporated into this rule by reference, and which are available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX10061.
(2) Eligible telecommunications carriers may assist customers with When enrolling customers in the Lifeline
program through the provider portal with the National Lifeline Eligibility Verifier, as defined in Title 47, Code of
Federal Regulations, Part 54, Subpart E, Universal Service Support for Low-Income Consumers, Section 54.400(o).
ORDER NO. PSC-2023-0095-NOR-TP
DOCKET NO. 20230011-TP
PAGE 4
, eligible telecommunications carriers shall accept FCC Form 5629 (09/18), OMB APPROVAL EDITION 3060-
0819, entitled “Lifeline Program Application Form,” which is incorporated into this rule by reference and which is
available 	at 	http://www.flrules.org/Gateway/reference.asp?No=Ref-10073 	or 	from 	the 	Universal 	Service
Administrative 	Company’s 	website 	at
https://www.usac.org/_res/documents/li/pdf/nv/LI_Application_UniversalForm.pdf. The Spanish version of this
form, FCC Form 5629 (09/18), OMB APPROVAL EDITION 3060-0819, entitled “Programa de Lifeline:
Formulario 	de 	Aplicación,” 	is 	also 	incorporated 	into 	this 	rule 	by 	reference 	and 	is 	available 	at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10075 	or 	from 	the 	Universal 	Service 	Administrative
Company’s 	website 	at 	https://www.usac.org/_res/documents/li/pdf/nv/LI-SP_Application_UniversalForms.pdf.
Eligible telecommunications carriers shall also accept Form PSC 1023 (08/18), entitled “Lifeline Florida On-line
Application for Recipients of Medicaid or Supplemental Nutrition Assistance Program (SNAP),” which is
incorporated 	into 	this 	rule 	by 	reference 	and 	which 	is 	available 	at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10052 	or 	from 	the 	Commission’s 	website 	at
www.floridapsc.com, by selecting “Lifeline Assistance,” then selecting “Public Service Commission Secure On-
Line Application Form.”
(3) When recertifying customers in the Lifeline program, eligible telecommunications carriers shall accept FCC
Form 5630 (09/18), OMB APPROVAL EDITION 3060-0819, entitled “Lifeline Program Annual Recertification
Form,” 	which 	is 	incorporated 	into 	this 	rule 	by 	reference 	and 	which 	is 	available 	at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10078 	or 	from 	the 	Universal 	Service 	Administrative
Company’s website at https://www.usac.org/_res/documents/li/pdf/nv/LI_Recertification_UniversalForms.pdf. The
Spanish version of this form, FCC Form 5630 (09/18), OMB APPROVAL EDITION 3060-0819, entitled
“Programa de Lifeline: Formulario de Recertificación,” is also incorporated into this rule by reference and is
available 	at 	http://www.flrules.org/Gateway/reference.asp?No=Ref-10080 	or 	from 	the 	Universal 	Service
Administrative 	Company’s 	website 	at 	https://www.usac.org/_res/documents/li/pdf/nv/LI-
SP_Recertification_UniversalForms.pdf.
(4) To obtain information necessary to confirm whether a customer is eligible for Lifeline assistance in
instances where the customer shares an address with another Lifeline recipient, eligible telecommunications carriers
shall accept FCC Form 5631 (09/18), OMB APPROVAL EDITION 3060-0819, entitled “Lifeline Program
Household 	Worksheet,” 	which 	is 	incorporated 	into 	this 	rule 	by 	reference 	and 	which 	is 	available 	at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10081 	or 	from 	the 	Universal 	Service 	Administrative
Company’s 	website 	at 	https://www.usac.org/_res/documents/li/pdf/nv/LI_Worksheet_UniversalForms.pdf. 	The
Spanish version of this form, FCC Form 5631 (09/18), OMB APPROVAL EDITION 3060-0819, entitled
“Programa de Lifeline: Planilla de Hogar,” is also incorporated into this rule by reference and is available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10082 	or 	from 	the 	Universal 	Service 	Administrative
Company’s website at https://www.usac.org/_res/documents/li/pdf/nv/LI-SP_Worksheet_UniversalForms.pdf.
(5) Eligible telecommunications carriers must allow customers the option to submit Lifeline application and
recertification forms via U.S. Mail or facsimile, and may allow applications to be submitted electronically. Eligible
telecommunications carriers must also allow customers the option to submit copies of supporting documents via
U.S. Mail or facsimile.
(3)(6) All eligible telecommunications carriers shall participate in the Lifeline Promotion Simplified Enrollment
Process. For purposes of this rule, the Lifeline Promotion Simplified Enrollment Process is an electronic interface
between the Department of Children and Families Family Services, the Commission, and the eligible
telecommunications carrier to provide eligible consumers information on how to apply for Lifeline assistance that
allows low-income individuals to enroll in Lifeline following enrollment in a qualifying public assistance program.
(a) The eligible telecommunications carrier must maintain with the Commission the name(s), email address(es),
and telephone number(s) of at least one company representative who will manage the user accounts on the
Commission’s Lifeline secure website.
(b)(a) The Commission shall send an email to the eligible telecommunications carrier informing the eligible
telecommunications carrier that a list of customers enrolled in a Lifeline qualifying public assistance program is
ORDER NO. PSC-2023-0095-NOR-TP
DOCKET NO. 20230011-TP
PAGE 5
applications are available for retrieval from the Commission’s Lifeline secure website.
(b) The eligible telecommunications carrier shall maintain at least one current email address with the
Commission, which the Commission will use to inform the eligible telecommunications carrier of the Commission’s
Lifeline secure website address and that new Lifeline applications are available for retrieval.
(c) Eligible telecommunications carriers must contact customers on the list to whom they provide service and
that do not already participate in Lifeline, to inform them of the Lifeline application process with the National
Lifeline Eligibility Verifier. For customers on the list that are not contacted by the eligible telecommunications
carrier, within 20 calendar days of receiving the Commission’s email notification, the eligible telecommunications
carrier must provide to the Commission the customer identification number, name, address, telephone number, and
the Department of Children and Families application date. This information can be provided via the Commission’s
dedicated Lifeline facsimile telephone line at (850) 717-0108, an electronic response via the Commission’s Lifeline
secure website, or file the information with the Office of Commission Clerk. The eligible telecommunications
carrier shall maintain with the Commission the names, email addresses and telephone numbers of at least one
company representative who will manage the user accounts on the Commission’s Lifeline secure website.
(d) Within 20 calendar days of receiving the Commission’s email notification that the Lifeline application is
available for retrieval, the eligible telecommunications carrier shall provide a facsimile response to the Commission
via the Commission’s dedicated Lifeline facsimile telephone line at (850)717-0108, or an electronic response via the
Commission’s Lifeline secure website, identifying the customer name, address, telephone number, and date of the
application for:
1. Misdirected Lifeline applications; or
2. Applications for customers currently receiving Lifeline assistance.
In lieu of a facsimile or electronic submission, the eligible telecommunications carrier may file the information
with the Office of Commission Clerk.
(d)(e) Pursuant to Ssection 364.107(1), F.S., information filed by the eligible telecommunications carrier in
accordance with paragraph (3)(c) (6)(d) of this rule is confidential and exempt from Ssection 119.07(1), F.S.
However, the eligible telecommunications carrier may disclose such information consistent with the criteria in
Ssection 364.107(3)(a), F.S. For purposes of this rule, the information filed by the eligible telecommunications
carrier will be presumed necessary for disclosure to the Commission pursuant to the criteria in Ssection
364.107(3)(a)4., F.S.
(4) Eligible telecommunications carriers must advertise the availability of Lifeline assistance. Pursuant to Title
47, Code of Federal Regulations, Part 54, Subpart E, Section 54.405(b), all eligible telecommunications carriers are
obligated to publicize the availability of Lifeline assistance in a manner reasonably designed to reach those likely to
qualify for the assistance. Only posting the availability of Lifeline assistance on an eligible telecommunications
carrier’s website is insufficient to meet this requirement. Advertising the availability of Lifeline assistance can be
achieved by using any of the following media: flyers, local newspaper ads, local TV ads, mail, email, web
advertisements, bill inserts, and other text-based methods of advertisement or a combination of such media. Pursuant
to Title 47 of the United States Code, Section 214(e)(1)(B), as amended December 1, 1997, which is hereby
incorporated 	into 	this 	rule 	by 	reference, 	and 	which 	is 	available 	at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10057, charges must also be included in the Lifeline
advertisement. The company may redirect consumers to a toll free customer service number and website to see
applicable charges and fees in lieu of listing all charges in an advertisement.
(7) An eligible telecommunications carrier shall not impose additional verification requirements on subscribers
beyond those which are required by this rule.
(8) Within 20 calendar days of rejecting a Lifeline application, an eligible telecommunications carrier must
provide written notice to the customer providing the reason for rejecting the Lifeline application, and providing
contact information for the customer to get information regarding the application denial. Rejected applications
received by way of the Simplified Enrollment Process under subsection (6) must also be reported to the Commission
via the Commission’s dedicated Lifeline facsimile telephone line at (850)717-0108 or electronically via the
Commission’s Lifeline secure website, with the reason why the application was rejected. In lieu of a facsimile or
ORDER NO. PSC-2023-0095-NOR-TP
DOCKET NO. 20230011-TP
PAGE 6
electronic submission, the eligible telecommunications carrier may file the information with the Office of
Commission Clerk.
(5)(9) An eligible telecommunications carrier or its designee must provide written notice prior to the
termination of Lifeline assistance pursuant to Title 47, Code of Federal Regulations, Part 54, Subpart E, Section
54.405(e) Carrier obligation to offer Lifeline, De-enrollment, as amended October 1, 2017. The notice of impending
termination shall contain the telephone number at which the subscriber can obtain information about the subscriber’s
Lifeline assistance from the eligible telecommunications carrier. The notice shall also inform the subscriber of the
availability, pursuant to Ssection 364.105, F.S., of discounted residential basic local telecommunications service.
(6)(10) All eligible telecommunications carriers shall provide current Lifeline program company information to
the Universal Service Administrative Company at www.lifelinesupport.org so that the information can be posted on
the Universal Service Administrative Company’s consumer website.
(11) Eligible telecommunications carriers must advertise the availability of Lifeline assistance. Pursuant to Title
47, Code of Federal Regulations, Part 54, Subpart E, Section 54.405(b), all eligible telecommunications carriers are
obligated to publicize the availability of Lifeline assistance in a manner reasonably designed to reach those likely to
qualify for the assistance. Only posting the availability of Lifeline assistance on an eligible telecommunications
carrier’s website is insufficient to meet this requirement. Advertising the availability of Lifeline assistance can be
achieved by using any of the following media: flyers, local newspaper ads, local TV ads, mail, email, web
advertisements, bill inserts and other text-based methods of advertisement or a combination of such media. Pursuant
to Title 47 of the United States Code, Section 214(e)(1)(B), as amended December 1, 1997, which is hereby
incorporated 	into 	this 	rule 	by 	reference, 	and 	which 	is 	available 	at
http://www.flrules.org/Gateway/reference.asp?No=Ref 10057, charges must also be included in the Lifeline
advertisement. The company may redirect consumers to a 1-800 customer service number and website to see
applicable charges and fees in lieu of listing all charges in an advertisement.
(7)(12) Eligible telecommunications carriers must file all reports with the Commission in accordance with Title
47, Code of Federal Regulations, Part 54, Subpart E, Section 54.422(c), Annual reporting for eligible
telecommunications carriers that receive low-income support, as amended October 1, 2017, which is hereby
incorporated 	into 	this 	rule 	by 	reference, 	and 	which 	is 	available 	at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10058.
Rulemaking Authority 120.80(13)(d), 350.127(2), 364.10(2)(ij) FS. Law Implemented 364.10, 364.105, 364.183(1) FS. History–
New 1-2-07, Amended 12-6-07, 6-23-10, 11-21-18, ______.
NAME OF PERSON ORIGINATING PROPOSED RULE: Greg Fogelman
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Public Service Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 8, 2023
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: Volume 48, Number 202,
October 17, 2022.

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