Section 704.680476 - Termination of Lifeline service; enrollment of subscriber with unpaid toll charges into Lifeline or Tribal Link Up program; waiver of requirements; notice to Eligibility Administrator; inconsistency of eligibility determinations1. If an eligible telecommunications carrier has a reasonable basis to believe that a subscriber of Lifeline service no longer meets the criteria to be considered a qualifying low-income subscriber, the carrier shall provide to the subscriber, and the eligibility responsibility party, if applicable, written notice of impending termination of the Lifeline service. The notice must be written in easily understood language and delivered to the subscriber separate from the subscriber's bill, if one is provided. The eligible telecommunications carrier shall terminate the Lifeline service provided to the subscriber if the subscriber does not provide proof of continued eligibility to receive Lifeline service in a manner consistent with the provisions of 47 C.F.R. § 54.405(e)(1).2. If the Universal Service Administrative Company provides notice to an eligible telecommunications carrier that a subscriber is receiving Lifeline service from another eligible telecommunications carrier or that more than one member of the subscriber's household is receiving Lifeline service, the carrier must de-enroll the subscriber from participation in the carrier's Lifeline program within 5 business days after receiving such notice from the Universal Service Administrative Company. The eligible telecommunications carrier is not eligible for reimbursement for Lifeline service provided to a de-enrolled subscriber after the date on which the subscriber is de-enrolled.3. If a subscriber of Lifeline service does not use a Lifeline service that does not require an eligible telecommunications carrier to assess or collect a monthly fee from its qualifying low-income subscribers for the period of time specified in 47 C.F.R. § 54.405(e)(3), the carrier must provide to the subscriber written notice regarding the potential termination of the Lifeline service pursuant to 47 C.F.R. § 54.405(e)(3). A carrier shall not terminate Lifeline service for non-usage, as described in 47 C.F.R. § 54.405(e)(3), unless the requirements set forth in 47 C.F.R. § 54.405(e)(3) are met. As used in this subsection, "use" has the meaning ascribed to the term "usage" in 47 C.F.R. § 54.407(c)(2). 4. If an eligible telecommunications carrier receives a request from a subscriber to de-enroll, the eligible telecommunications carrier must de-enroll the subscriber pursuant to 47 C.F.R. § 54.405(e)(5).5. Any recertification request made by the eligibility responsibility party to a subscriber of Lifeline service must comply with the provisions of 47 C.F.R. §§ 54.405(e)(4) and 54.410(f).6. Except as otherwise provided in subsection 8, an eligible telecommunications carrier shall not disconnect service provided pursuant to a Lifeline program solely on the basis that the subscriber fails to pay charges for toll calls.7. An eligible telecommunications carrier shall enroll a subscriber who is eligible for the Lifeline program or the Tribal Link Up program, or both, but who has outstanding unpaid toll charges if the subscriber agrees to toll blocking service and sets up a payment arrangement with the carrier for the payment of the unpaid toll charges. To reestablish toll service, the subscriber must pay the outstanding toll charges in full.8. An eligible telecommunications carrier may file with the Commission an application for a waiver from the requirements of subsections 6 and 7. 9. The Commission will approve an application for such a waiver only upon determining after investigation that the eligible telecommunications carrier: (a) Would incur substantial costs to comply with the provisions of subsections 6 and 7;(b) Offers, at no charge, toll limitation service to its consumers that qualify as low-income subscribers; and(c) Provides service within a service area in which the level of telephone subscription among low-income subscribers is equal to or greater than the national average rate of subscription for low-income subscribers.10. The Commission will approve or deny an application that is filed pursuant to subsection 8 within 30 days after receipt of the application.11. An eligible telecommunications carrier shall provide notice to the Eligibility Administrator within 5 business days after the date on which the eligible telecommunications carrier terminates the Lifeline service of a customer or the date on which the eligible telecommunications carrier receives from the Universal Service Administrative Company or the National Lifeline Accountability Database an eligibility determination that is inconsistent with the eligibility determination made by the Eligibility Administrator. The eligible telecommunications carrier is not required to include in the notice the reason for the termination unless Lifeline service has been terminated as a result of information provided to the eligible telecommunications carrier by the Universal Service Administrative Company or the National Lifeline Accountability Database.12. If there is an inconsistency between the eligibility determination made by the Eligibility Administrator and the eligibility determination made by the Universal Service Administrative Company or the National Lifeline Accountability Database, the eligibility determination made by the Universal Service Administrative Company or the National Lifeline Accountability Database controls.Nev. Admin. Code § 704.680476
Added to NAC by Pub. Utilities Comm'n by R150-97, eff. 12-11-97; A by R009-98, 4-17-98; R051-05, 9-7-2005; A by R143-13, eff. 10/24/2014; A by R021-14, eff. 10/24/2014; A by R059-17A, eff. 12/19/2017NRS 703.025, 704.040, as amended by section 1 of Senate Bill No. 412, Chapter 117, Statutes of Nevada 2017, at page 512, NRS 704.210, 704.6873.