71308 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Rules and Regulations entry ‘‘Ozone (8-Hour, 1997): Muncie, adding in its place the entry ‘‘Ozone (8- § 52.770 Identification of plan. IN (Delaware County)’’; and Hour, 1997): Terre Haute, IN (Vigo * * * * * ■ f. Removing the entry for ‘‘Terre Haute County)’’. (e) * * * Hydrocarbon Control Strategy’’ and The revisions read as follows: EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS Title Indiana date EPA approval Explanation ******* Ozone (8-Hour, 1997): Evansville, IN (Vanderburgh 6/20/2019 12/27/2019, [insert Federal Reg- 2nd limited maintenance plan. and Warrick Counties). ister citation]. ******* Ozone (8-Hour, 1997): Fort Wayne, IN (Allen Coun- 6/20/2019 12/27/2019, [insert Federal Reg- 2nd limited maintenance plan. ty). ister citation]. Ozone (8-Hour, 1997): Jackson Co., IN (Jackson 6/20/2019 12/27/2019, [insert Federal Reg- 2nd limited maintenance plan. County). ister citation]. Ozone (8-Hour, 1997): Greene Co., IN (Greene 6/20/2019 12/27/2019, [insert Federal Reg- 2nd limited maintenance plan. County). ister citation]. ******* Ozone (8-Hour, 1997): Muncie, IN (Delaware Coun- 6/20/2019 12/27/2019, [insert Federal Reg- 2nd limited maintenance plan. ty). ister citation]. ******* Ozone (8-Hour, 1997): Terre Haute, IN (Vigo Coun- 6/20/2019 12/27/2019, [insert Federal Reg- 2nd limited maintenance plan. ty). ister citation]. ******* [FR Doc. 2019–27544 Filed 12–26–19; 8:45 am] Federal Communications Commission Americans obtain the communications BILLING CODE 6560–50–P will publish a document in the Federal services they need to participate in the Register announcing this effective date. digital economy. FOR FURTHER INFORMATION CONTACT: 2. Today, the Commission continues FEDERAL COMMUNICATIONS Jodie Griffin, Wireline Competition that work to strengthen the Lifeline COMMISSION Bureau, 202–418–7550 or TTY: 202– program’s enrollment, recertification, 418–0484. and reimbursement processes so that limited Universal Service Fund (USF or 47 CFR Part 54 SUPPLEMENTARY INFORMATION: This is a Fund) dollars are directed only toward summary of the Commission’s Fifth [WC Docket Nos. 17–287, 11–42 and 09– qualifying low-income consumers. 197; FCC 19–111; FRS 16302] Report and Order, Memorandum Specifically, restoring the states’ proper Opinion and Order and Order on role in designating eligible Bridging the Digital Divide for Low- Reconsideration (Order), in WC Docket telecommunications carriers (ETCs) to Income Consumers Nos. 17–287, 11–42 and 09–197; FCC participate in the Lifeline program, 19–111 adopted October 30, 2019 and AGENCY: Federal Communications clarify the obligations of participating released November 14, 2019. The full Commission. carriers, and take targeted steps to text of this document is available for ACTION: Final rule. improve compliance by Lifeline ETCs public inspection during regular and reduce waste, fraud, and abuse in business hours in the FCC Reference SUMMARY: In this document, the Federal the program. The Commission also Center, Room CY–A257, 445 12th Street Communications Commission clarifies several of the program’s rules in SW, Washington, DC 20554 or at the (Commission) acts to restore the response to petitions for reconsideration following internet address: https:// traditional role of states in the eligible and requests for clarification. telecommunications carrier (ETC) docs.fcc.gov/public/attachments/FCC- designation process. The Commission 19-111A1.pdf. II. Discussion also acts to strengthen the Lifeline Synopsis 3. In the Order, the Commission takes program’s enrollment, recertification, significant steps to promote the and reimbursement processes so that I. Introduction integrity, effectiveness, and efficiency of limited Universal Service Fund (USF or 1. The Commission’s Lifeline program the Lifeline program. First, the Fund) dollars are directed only toward plays a critical role in closing the digital Commission restores the traditional qualifying low-income consumers. divide for low-income Americans. state role in designating ETCs and DATES: Effective January 27, 2020, Abuse of the program, however, traditional ETC designation categories, except for amendatory instruction 7 continues to be a significant concern while taking steps to increase (§ 54.406(b)) which is effective February and undermines the Lifeline program’s transparency with states to improve 25, 2020 and amendatory instruction 8 integrity and effectiveness. oversight functions. Next, the (§ 54.406(a)) which is effective March Strengthening the accountability of the Commission amends the Lifeline 26, 2020 and amendatory instructions program is therefore essential to program rules to improve the integrity 6.b. (§ 54.404(b)(12)) and 11 ensuring that it effectively and of providers’ enrollment and (§ 54.410(f)), which are delayed. The efficiently helps qualifying low-income recertification processes, and also VerDate Sep<11>2014 15:56 Dec 26, 2019 Jkt 250001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\27DER1.SGM 27DER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Rules and Regulations 71309 establishing protections to help prevent financial and technical capability to service area designated by the State improper payment claims before they provide service in its requested service commission.’’ The general rule, in other occur. Finally, the Commission acts to areas.’’ States have also performed words, is that state commissions are improve its rules regarding Lifeline audits, addressed consumer complaints, responsible for designating ETCs. auditing practices. and maintained valuable state matching 10. There are limited exceptions to 4. Respecting the States’ Role in programs. In doing all this, states have the rules. Later provisions in section Program Administration. For the brought to bear personnel and resources 214 address gaps in the ordinary Lifeline program to be successful, the far greater than the Commission alone designation process—areas where a state parties involved in its operations—from could offer. commission may be unable or ill-suited the Commission to the participating 6. By contrast, Congress cast the to exercise designation authority. The ETCs—must respect their particular Commission in a supporting role. For its Commission’s limited role in roles and obligations under the law. To part, the Commission merely designates designating ETCs falls within these that end, in the Order, the Commission carriers where states are ill suited to do gaps. first restores longstanding recognition of so—for example, where states lack 11. The first gap occurs where no the states’ primary role in the ETC jurisdiction, or in unserved areas where common carrier is willing to provide designation process, as established in no carrier is willing to provide USF supported services to all or part of an the Communications Act of 1934 as services. For the two decades since unserved community. In that case, amended (‘‘the Act’’), and restores the Congress passed the section 214(e)(3) generally orders the traditional categories of ETC and ETC Telecommunications Act of 1996, this is Commission and states to (1) identify obligations consistent with section how the Commission understood its the common carriers best able to serve 214(e)(1)(A) of the Act. role. these communities and (2) require them 5. Restoring States’ Traditional and 7. With the 2016 Lifeline Order (FCC to do so. The section divides Lawful Role in ETC Designations. 16–38; 81 FR 33026 (May 24, 2016)), the responsibility for this task along Congress made states—not the Commission departed from the jurisdictional lines: It orders state Commission—primarily responsible for parameters set by statutory text and commissions to address the provision of designating ETCs. And States have longstanding practice. First, that order intrastate services, and orders the vigorously exercised their oversight created a new type of ETC—the Lifeline Commission to address the provision of authority to combat waste, fraud, and Broadband Provider ETC. It then interstate services, as well as services in abuse in the Lifeline program. In some purported to preempt any state areas served by carriers outside of the cases, states have been the first to authority over this new ETC, demoting jurisdiction of state commissions. identify waste, fraud, and abuse by states from the job they had performed 12. The second gap occurs where ‘‘a ETCs—the Hawaii Public Utilities well. Finally, to fill the void it had common carrier providing telephone Commission first identified the issues created by preempting state authority, it exchange service and exchange access with Blue Jay’s overclaims of Tribal adopted a view of the Commission’s role . is not subject to the jurisdiction of subscribers, and the Oklahoma under section 214(e) that was expansive a State commission.’’ This provision Corporation Commission ‘‘first enough to permit the Commission to gives the Commission designation identified fraudulent funding requests exercise designation authority over authority over, for example, wireless from Icon Telecom.’’ More recently, an Lifeline Broadband Provider ETCs. In carriers operating in states lacking apparent violation of the Commission’s the Order, the Commission finds that jurisdiction over such carriers and non-usage rule was initially uncovered the actions taken by the Commission in certain Tribal carriers. Congress adopted by an investigation by the Oregon Public the