NaLA Blog & Latest News

Court Issues Stay of FCC Efforts for Major Tribal Lifeline Changes to Bar Wireless Resellers and Lower Subsidies for Tribal Consumers

The U.S. Court of Appeals granted National Lifeline Association (NaLA) and Tribal petitioners a stay of new FCC Tribal Lifeline rules that would have barred wireless resellers from providing Tribal Lifeline and would also limit the Tribal Lifeline program to rural Tribal areas.

The Court stated that the FCC’s plan does not consider the harm it can cause to Lifeline businesses and customers. It is estimated that 70% of eligible consumers receive their Lifeline service from wireless resellers. The Court added that these actions would “result in a major reduction, or outright elimination, of critical telecommunications services” for Lifeline consumers and “substantial, unrecoverable losses” for Lifeline providers. Many Tribal consumers do not have an alternate option to obtain Lifeline phone or internet services if a wireless reseller ban were to be implemented. In addition, the FCC “identified no evidence of fraud or misuse of funds in the aspects of the program at issue here,” the Court wrote.

The judges also rejected the FCC’s claim that reducing subsidies would cause carriers to build their own networks in Tribal areas. They said the Commission failed to show any historical evidence that reducing subsidies would lead to more infrastructure investment. This argument was the FCC’s justification for eliminating wireless resellers from providing services on Tribal lands. The judges stated that the record suggested just the opposite.

In reaching its decision, it appears the Court understood that wireless resellers play a critical role in connecting low income consumers to essential communications services through the Lifeline program. Disconnecting consumers causes a digital divide.

“NaLA is pleased that the Court heard and agreed with the arguments presented and that the Court took action so the case can be decided without Tribal Lifeline subscribers, or the companies that work to serve them, suffering irreparable harm,” said David B. Dorwart, Board Chairman of NaLA. “In reaching its decision, it appears the Court understood that wireless resellers play a critical role in connecting low income consumers to essential communications services through the Lifeline program. Disconnecting consumers causes a digital divide. It does not put them first, nor does it further the Lifeline program’s core goal of ensuring that our nation’s most vulnerable consumers stay connected by making service affordable. NaLA looks forward to continue working with all stakeholders to preserve and protect the integrity of the Lifeline program so we can strive to meet this important goal.”

As advocates for preserving Lifeline, NaLA is encouraged by the Court’s statement that, “Petitioners have demonstrated a likelihood of success on the merits of their arguments.” The decision to halt the FCC’s move to prevent wireless resellers and lower Lifeline subsidies for Tribal areas is a big win for low-income Tribal consumers.

Read the full court order here: United States Court of Appeals Case #18-1026 Document #1744949 Filed on 08/10/2018

Read the original press release here.

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Jordan MajkszakCourt Issues Stay of FCC Efforts for Major Tribal Lifeline Changes to Bar Wireless Resellers and Lower Subsidies for Tribal Consumers
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The National Lifeline Association Agent Certification Program Reaches New Milestone of 2,000 Sales Agents Trained and Certified in Lifeline Compliance

Today, the National Lifeline Association (NaLA) announced reaching a new milestone with the 2,000th Lifeline Agent receiving Lifeline compliance training and certification. The NaLA Agent Certification Program was created and launched by the National Lifeline Association in late April 2018. It provides Lifeline Eligible Telecommunications Carriers (ETCs) with assurance that independent sales agents have been trained, tested, and certified in the rules and regulations of both Federal and State Lifeline programs.

The NaLA Agent Certification program also requires certified agents to retrain, retest, and recertify every 90 days. This ensures that agents regularly maintain knowledge of Lifeline, while also allowing NaLA to quickly disseminate, train, and test agents’ understanding of regulatory and compliance changes.

The NaLA Agent Certification Program provides independent sales agents with critical program information they need to be successful in the communities they serve and fully compliant with the rules and regulations of the State and Federal Lifeline programs. This program was outlined as an important 2018 initiative by the NaLA Board of Directors at the 2017 NaLA Annual Conference held in New Orleans, LA.

“We are especially excited to celebrate this impressive milestone only three months after launching this program,” said David B. Dorwart, Chairman of the National Lifeline Association. “The NaLA Agent Certification Program is critical to the advancement of the Lifeline program. It creates a national standard for agent training and assists ETCs in self-regulating field compliance.”

NaLA’s Agent Certification Program was created by some of the most respected compliance executives in the wireless Lifeline industry. NaLA’s vision is to help ETCs deploy well-trained, compliant, and informed field sales representatives to communities and help consumers who are in need of Lifeline program benefits. Most NaLA ETC members have voluntarily committed to require this certification process for all of their field sales agents as part of a larger commitment to thorough agent training and continuous self-regulation.

Regarding the Agent Certification Program, Kim Lehrman, President of enTouch Wireless and a NaLA Board Member, stated, “Adding an additional layer of certification to internal training programs for ETCs is exciting for our industry. The better agents are educated about Lifeline program fundamentals (i.e. consumer application and recertification) and regulatory compliance information, the more succinctly they can communicate how the program works to our prospects and consumers — ensuring a better consumer experience.”

About The National Lifeline Association:

The National Lifeline Association is a non-profit organization that provides a foundation of support for Lifeline participants, service providers, distributors, government and regulatory bodies, and other advocates of Lifeline.

NaLA members are passionate about supporting their vision, “In America, every person should have access to essential communication services.” With their leadership and direction, NaLA provides and promotes Lifeline education, collaboration, and advocacy across the U.S.

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Nashai CatlettThe National Lifeline Association Agent Certification Program Reaches New Milestone of 2,000 Sales Agents Trained and Certified in Lifeline Compliance
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National Lifeline Association Discusses Lifeline Reform

On May 22, 2018, National Lifeline Association (NaLA) representatives Kim Lehrman, Jose Cortes, Chuck Campbell, John Heitmann and Joshua Guyan met with legal advisors to Chairman Pai and Commissioners Carr, O’Rielly, and Rosenworcel to discuss proposed changes to the Lifeline program. NaLA does not agree with the ban on wireless resellers. They believe the FCC should support affordability and consumer choice, and also expressed support for a budget for the Lifeline Program.

NaLA representatives expressed that resellers are important in the Lifeline program. Getting rid of wireless resellers would:

  • Harm consumers by forcing more than 7 million or roughly 70% of all Lifeline subscribers to find a new Lifeline service provider, leaving some with no wireless or wireline service options.
  • Fail to bolster program integrity or guard against waste, fraud and abuse (adopting conduct-based standards and agent registration would properly focus on bad actors rather than on business models).
  • NOT bridge the digital divide by spurring additional facilities deployment or more affordable services.
  • Upend the states’ role in designating ETCs, as well as the reliance interests of wireless resellers who have willingly sought such designations and landline providers who have been relieved of the obligation to provide Lifeline (based on the presence of, and consumers’ preference for, the mobile voice and broadband services offered by wireless resellers).

NaLA representatives also explained that the FCC should support affordability. “The FCC should freeze or roll-back the minimum service standards and voice support phase-out that threaten to deny consumers access to affordable choices that best meet their needs.” NaLA was endorsed by National Association of Regulatory Utility Commissioners (NARUC) with a $2,258 budget and they expressed the support saying, “The Lifeline program could benefit from a self-enforcing budget mechanism that operates on an annual basis with prospective impact only.”

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Nashai CatlettNational Lifeline Association Discusses Lifeline Reform
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Chuck Campbell Presents “Latest from USAC”

About “Latest from USAC”:

In this presentation, Chuck Campbell provided an overview of 2018 USAC activity, including the delay of the National Verifier, overdrive of the audit process, and universal Lifeline enrollment forms. Additionally, there was a review of common audit findings.

About Chuck Campbell:

Chuck has more than 25 years of experience delivering a wide variety of back office and integrated communications solutions to cutting edge and world-class clients in the finance, telecom and e-business sectors. His expertise in the past development of CGM’s suite of revenue assurance project tools has been integral in the development and deployment of both CABSoft and W.I.N. He has been instrumental in the deployment of systems as parts of enterprise-wide margin improvement projects for a variety of ICP clients. Additionally, he has directed the development of CGM’s M&A/Bankruptcy suite of services to meet the needs of the demanding CLEC and carrier marketplaces.
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Nashai CatlettChuck Campbell Presents “Latest from USAC”
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