§ 54.411   Lifeline benefit portability.

   (a) A provider shall not seek or receive reimbursement through the
   Lifeline program for service provided to a subscriber who has used the
   Lifeline benefit to enroll in a qualifying Lifeline-supported broadband
   Internet access service offering with another Lifeline provider within
   the previous 12 months.

   (b) A provider shall not seek or receive reimbursement through the
   Lifeline program for service provided to a subscriber who has used the
   Lifeline benefit to enroll in a qualifying Lifeline-supported voice
   telephony service offering with another Lifeline provider within the
   previous 60 days.

   (c) Notwithstanding paragraphs (a) and (b) of this section, a provider
   may seek and receive reimbursement through the Lifeline program for
   service provided to a subscriber prior to the completion of the
   12-month period described in paragraph (a) of this section or the
   60-day period described in paragraph (b) of this section if:

   (1) The subscriber moves their residential address;

   (2) The subscriber's current provider ceases operations or otherwise
   fails to provide service;

   (3) The provider has imposed late fees for non-payment greater than or
   equal to the monthly end-user charge for the supported service; or

   (4) The subscriber's current provider is found to be in violation of
   the Commission's rules during the 12-month period and the subscriber is
   impacted by such violation.

   (d) If a subscriber transfers his or her Lifeline benefit pursuant to
   paragraph (c) of this section, the subscriber's Lifeline benefit will
   apply to the newly selected service until the end of the original
   12-month period. In these circumstances, the subscriber is not required
   to re-certify eligibility until the end of the original 12-month
   period. The subscriber's original provider must provide the
   subscriber's eligibility records to either the subscriber's new
   provider or the subscriber to comply with the 12-month service period.

   [ 81 FR 33094 , May 24, 2016]

   Effective Date Note: At  81 FR 33094 , May 24, 2016, § 54.411 was added.
   This section contains information collection and recordkeeping
   requirements and will not become effective until approval has been
   given by the Office of Management and Budget.

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