By this Public Notice, the Wireline Competition Bureau (Bureau) announces the counties in which conditional forbearance from the obligation to offer Lifeline-supported voice service applies, pursuant to the Commission’s 2016 Lifeline Order.[1] This forbearance applies only to the Lifeline voice obligation of eligible telecommunications carriers (ETCs) that are designated for purposes of receiving both high-cost and Lifeline support (high-cost/Lifeline ETCs), and not to Lifeline-only ETCs.[2] The Appendix lists the counties where the Commission’s conditional forbearance from high-cost/Lifeline ETCs’ Lifeline voice obligation will apply effective on October 15, 2024.
The 2016 Lifeline Order established conditional forbearance from Lifeline voice obligations in targeted areas where certain competitive conditions are met.[3] To accomplish this forbearance, the Commission directed the Bureau to release a yearly public notice announcing the counties in which the competitive conditions are met.[4] In particular, the Commission granted forbearance from high-cost/Lifeline ETCs’ obligation to offer and advertise Lifeline voice service in counties where the following conditions are met: (1) 51% of Lifeline subscribers in the county are obtaining broadband Internet access service; (2) there are at least three other providers of Lifeline broadband Internet access service that each serve at least 5% of the Lifeline broadband subscribers in that county; and (3) the ETC does not actually receive federal high-cost universal service support.[5]
The counties listed in the Appendix meet the two competitive conditions;[6] and for ETCs that are receiving high-cost support in these counties, the forbearance applies only in areas within the county
[1] Lifeline and Link Up Reform and Modernization et al., WC Docket Nos. 11-42 et al., Third Report and Order, Further Report and Order, and Order on Reconsideration, 31 FCC Rcd 3962, 4082-4093, paras. 335-60 (2016) (2016 Lifeline Order).
[2] Id. at 4078-79, para. 325.
[3] Id. at 4079, para. 326.
[4] Id. at 4093, para. 360.
[5] Id. at 4082-83, 4090-93, paras. 335, 354-60.
[6] Using National Lifeline Accountability Database and Lifeline Claims System data as of April 2024, approximately 89% of the counties identified in the Appendix were also eligible for this conditional forbearance in 2023. The remaining 11% of the counties newly met both competitive conditions in 2024. There are also 55 counties that are no longer eligible for conditional forbearance because they did not meet the two competitive conditions in 2024. See Wireline Competition Bureau Announces Counties Where Conditional Forbearance From the Lifeline Voice Obligation Applies, Public Notice, DA 23-561 (WCB 2023).
where the ETC does not receive high-cost support.[1] We note that this forbearance does not grant relief from the Lifeline voice obligation as to those Lifeline subscribers that the high-cost/Lifeline ETC serves as of the date of this Public Notice.[2] Additionally, this forbearance does not preclude ETCs from electing to provide and receive reimbursement for Lifeline-discounted voice service.[3]
This forbearance will apply in the counties identified in the Appendix of this Public Notice, to the extent that ETCs are not receiving federal high-cost universal service support in those areas, until 60 days after the Bureau issues a Public Notice in 2025 updating the list of counties in which the Commission’s conditional forbearance applies.[4]
[1] 2016 Lifeline Order at 4093, para. 359.
[2] Id. at 4083, 4085, paras. 335, 340.
[3] Id. at 4085, para. 342.
[4] Id. at 4093, para. 360.
