Prison Phone Justice

Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Federal-State Joint Board on Universal
Service
Lifeline and Link Up

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WC Docket No. 03-109

REPLY COMMENTS OF
NATIONAL HISPANIC MEDIA COALITION (“NHMC”)
MEDIA ACTION GRASSROOTS NETWORK (“MAG-NET”)
OFFICE OF COMMUNICATION, UNITED CHURCH OF CHRIST, INC.
BENTON FOUNDATION
ACCESS HUMBOLDT
The National Hispanic Media Coalition (“NHMC”), the Media Action Grassroots
Network (“MAG-Net”), 1 the Office of Communication of the United Church of Christ, Inc., the
Benton Foundation, and Access Humboldt (collectively, “Public Interest Commenters”), by their
attorneys at NHMC, Media Access Project and Benton Foundation, respectfully submit this reply
to comments on the Federal Communications Commission’s (“FCC” or “Commission”) Public
Notice seeking input on the universal service low-income programs. Public Interest Commenters
continue to urge that reforms to the Lifeline and Link Up programs are necessary to ensure that
all eligible individuals – especially among the poor and people of color – can obtain the
opportunities that these programs provide.

1

MAG-Net member organizations signing these comments, in addition to the Media Action
Grassroots Network itself, include the Center for Media Justice, Center for Rural Strategies,
Esperanza Peace and Justice Center, Main Street Project, Media Alliance, Media Justice League,
Media Literacy Project, Media Mobilizing Project, People’s Production House, Prison Legal
News/Human Rights Defense Center and Reclaim the Media.

Public Interest Commenters’ have already emphasized the importance of broadband in
low-wealth communities and communities of color, and have recommended that the low-income
programs include broadband subsidies and an update of their current outreach initiatives. 2 They
join in this brief reply to note that many commenters agree with these recommendations. In
addition, Public Interest Commenters urge that eligibility and verification processes be made as
inclusive as possible and that those processes facilitate – not inadvertently hinder – participation
in these programs by those most in need. Finally, Public Interest Commenters reaffirm that
current outreach efforts are insufficient and respond to those that suggest otherwise.
I.

LIFELINE AND LINK UP PROGRAMS SHOULD BE EXPANDED
TO INCLUDE BROADBAND DISCOUNTS

Many commenters support the proposal that the low-income programs should be
expanded to include broadband discounts 3 and that this expansion should not jeopardize current
voice services. 4 The U.S. Telecom Association states in its comment that “the marginal value of
broadband often is even higher to those in low-income households because many low-income
consumers have a special need for technologies that lower geographic barriers, connect people to
job opportunities and expand channels for communication.” 5 Cricket also supports expansion of

2

See, e.g., Comments of the National Hispanic Media Coalition, WC Dkt. No. 03-109, at 1 (Jul.
15, 2010) (“NHMC Comment”); Comments of Media Action Grassroots Network, WC Dkt. No.
03-109, at 3-6 (Jul. 15, 2010) (“MAG-Net Comment”); Comments of Benton et al., WC Dkt. No
03-109, at 3 (Jul. 15, 2010) (“Benton Comment”).
3
See, e.g., Comments of the US Telecom Association, WC Dkt. No. 03-109, at 3 (Jul. 15, 2010)
(“US Telecom Comment”); Comments of Leap Wireless International, Inc. and Cricket
Communications, Inc., WC Dkt. No. 03-109, at 2-3 (Jul. 15, 2010) (“Cricket Comment”);
Comments of the Public Service Commission of the District of Columbia, WC Dkt. No. 03-109,
at 3-4 (Jul. 15, 2010) (“DCPSC Comment”).
4
See, e.g., MAG-Net Comment at 12,15,16; US Telecom Comment at 3; NHMC Comment at 6.
5
US Telecom Comment at 3.
2

Lifeline and Link Up to include broadband because “all Americans should share the benefits of
broadband, regardless of income.” 6
No commenter in this proceeding directly opposes expansion of the low-income
programs to include broadband discounts. Indeed, those that expressed reservation regarding the
expansion to broadband argue only that it is too soon to assess the impact of expansion of the
low income programs to broadband and that the FCC should initiate a pilot program to help
gather information on the propriety of such expansion. 7
Public Interest Commenters disagree with the sentiment that it may be too soon to
expand these programs to broadband, which rapidly has become the nation’s essential
communications platform. Low-wealth individuals’ need for broadband only will continue to
increase as demand for data grows and traditional voice services continue to migrate to
broadband networks. As the Referral Order recognizes, “high-speed broadband service has
become an essential mode of communication for many Americans in the last decade.” 8 The
Commission’s National Broadband Plan spelled out even more clearly the value of broadband to
low income individuals, explaining that “[b]roadband is a platform for social and economic
opportunity. It can lower the geographic barriers and help minimize socioeconomic disparities—
connecting people from otherwise disconnected communities to job opportunities, avenues for
educational advancement and channels for communication.” 9 Thus, as the Plan noted,

6

Cricket Comment at 2-3.
Comments of the California Public Utilities Commission, WC Dkt. No. 03-109, at 26 (Jul. 15,
2010) (“CPUC Comment”); Comments of Verizon and Verizon Wireless, WC Dkt. No. 03-109,
at 14 (Jul. 15, 2010) (“Verizon Comment”).
8
Federal-State Joint Board on Universal Service, CC Docket No. 96-45, WC Docket No. 03109, Order, FCC 10-72, ¶ 12 (rel. May 4, 2010) (“Referral Order”).
9
Federal Communications Commission, “Connecting America: The National Broadband Plan,”
at 169, Box 9-1 (rel. Mar. 16, 2010) (“National Broadband Plan”).
7

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“[b]roadband is a particularly important platform for historically disadvantaged communities
including racial and ethnic minorities, people with disabilities and recent immigrants.” 10
Public Interest Commenters therefore urge the Joint Board to recommend that the FCC
swiftly expand the Lifeline and Link Up programs to broadband, upon careful consideration of
the robust record developed in this proceeding and after providing an opportunity for additional
comment if necessary. As broadband continues to grow into an everyday necessity, 11 the
Commission should not forestall opportunities to reach unserved and underserved communities.
Recent data indicate that a core reason that people do not have broadband at home is because it is
too expensive. 12 Given that programs such as Lifeline and Link Up would serve to reduce
expensive broadband costs, the Commission should act promptly to carry out its duty to ensure
that “[c]onsumers in all regions of the Nation, including low-income consumers and those in
rural, insular, and high cost areas, should have access to…advanced telecommunications and
information services, that are reasonably comparable to those services provided in urban
areas.” 13
In addition, pilot programs should not be a condition precedent to expanding Lifeline and
Link Up to broadband. For years the Commission has executed Lifeline and Link Up programs
to help increase adoption of plain old telephone service across the U.S. The Commission should
rely on that experience and public input to establish policies for expanding Lifeline and Link Up
10

Id.
NHMC Comment at 1, 4-6; MAG-Net Comment at 4-5; DCPSC Comment at 3-4; US
Telecom Comment at 3.
12
U.S. Department of Commerce, National Telecommunications and Information
Administration, Digital Nation, 21st Century America’s Progress Toward Universal Broadband
Internet Access at 15 (Feb. 2010) (“Affordability . . . rates highest among the major reasons for
eschewing broadband at home among those with either no Internet at home or only dial-up
service.”); see also National Broadband Plan at 168 (“When prompted for the main reason they
do not have broadband, 36% of non-adopters cite cost.”).
13
47 U.S.C. § 254(b)(3) (2010).
11

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to broadband. If the Commission has to wait for adoption, implementation, conclusion and
evaluation of pilot programs before it can reform the existing low income programs, millions of
Americans 14 will be left behind.
II.

ENROLLMENT AND VERIFICATION RULES SHOULD BE AS
OPEN AND FLEXIBLE AS POSSIBLE

The Commission’s efforts to curb fraud, waste and abuse in the Lifeline and Link Up
programs are commendable; however, Public Interest Commenters maintain that those efforts
must be carefully fashioned so they do not create barriers for deserving individuals in low wealth
communities and communities of color. Namely, the Commission should (1) refrain from
instituting additional burdens to the verification process, (2) rethink the one per household rule in
light of societal developments, (3) give serious consideration to automatic enrollment processes
and (4) increase the poverty guidelines to at least 150%.
A diverse variety of commenters in this proceeding agree that additional burdens on the
current eligibility and verification processes would be unbeneficial on balance. 15 TracFone
comments that “[m]andating that Lifeline applicants produce additional documentation
complicates the enrollment process, reduces Lifeline applications and does little if anything to
prevent waste, fraud and abuse.” 16 The California Public Utilities Commission opposes

14

Sixth Broadband Deployment Report, GN Docket No. 09-137, GN Docket No. 09-51, Report,
FCC 10-129, ¶28 (rel. Jul. 20, 2010) (stating that roughly 80 million American adults do not
subscribe to broadband at home and approximately 14 to 24 million Americans do not have
access to broadband at all); see also National Broadband Plan at 167 (finding that although 65%
of Americans use broadband at home, the other 35% (roughly 80 million adults) do not).
15
See, e.g., Comments of PR Wireless, Inc., WC Dkt. No. 03-109, at 8 (Jul. 15, 2010) (“PR
Wireless Comment”); Comments of the TracFone Wireless, Inc., WC Dkt. No. 03-109, at 6 (Jul.
15, 2010) (“TracFone Comment”); Comments of National Consumer Law Center, WC Dkt. No.
03-109, at 10 (Jul. 15, 2010) (“Consumer Law Comment”); Comment of Florida Public Service
Commission, WC Dkt. No. 03-109, at 4 (Jul. 15, 2010) (“FPSC Comment”); CPUC Comment at
12; Verizon Comment at 9.
16
TracFone Comment at 6.
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additional documentation for eligibility because the cost of administrative burden outweighs any
benefits as a deterrent to abuse of the program. 17 Verizon discourages additional documentation
stating, “it is difficult to see a need to force Lifeline participants to generate more paperwork”
and that “this approach would likely discourage some qualified individuals from applying.” 18
Verizon also believes that “this requirement would add administrative costs to the program for
no appreciable benefit.” 19
Public Interest Commenters urge that enrollment rules be as flexible as necessary to serve
needy populations. Some few commenters expressed support for maintaining and enforcing the
one-per-household rule. 20 Nevertheless, the Public Interest Commenters submit that the Joint
Board should give equal or greater weight to comments suggesting closer examination of this
rule for the unintended but harmful effects it may have on otherwise eligible participants living
in group housing settings. 21 Likewise, while at least one service provider and one state
commission expressed reservations about improved automatic enrollment provisions, 22 a larger
number of commenters suggested that well-crafted automatic enrollment mechanisms could
increase participation and expand the benefits of the low income programs greatly. 23

17

CPUC Comment at 12.
Verizon Comment at 9.
19
Id.
20
DCPSC Comment at 6; CPUC Comment at 19; Verizon Comment at 4.
21
See, e.g., MAG-Net Comment at 11-14; see also Comments of Smith Bagley, Inc., WC Dkt.
No. 03-109, at 3 (Jul. 15, 2010) (“SBI Comment”); PR Wireless Comment at 12; Consumer Law
Comment at 13 (Jul. 15, 2010).
22
See Comments of AT&T, Inc., WC Dkt. No. 03-109, at 8 (Jul. 15, 2010) (“AT&T Comment”);
Comments of Nebraska Public Service Commission, WC Dkt. No. 03-109, at 3-4 (Jul. 15, 2010)
(“NPSC Comment”).
23
See, e.g., MAG-Net Comment at 9-11; CPUC Comment at 13-14; US Telecom Comment at 6;
Comments of the Community Voicemail Office, Dkt. No. 03-109, at 3 (Jul. 15, 2010); SBI
Comment at 8; TracFone Comment at 5; Comments of the National Association of State Utility
Consumer Advocates, WC Dkt. No. 03-109, at 7 (Jul. 15, 2010) (“NASUCA”) (“It is widely
18

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Finally, Public Interest Commenters join the comments of many others to urge the Joint
Board to increase the income eligibility requirement from 135 percent of the federal poverty
level to at least 150 percent 24 to achieve parity with other federal low-income support programs.
Several of the states which have created their own guidelines have already raised income
eligibility provisions above 135 percent to ease certification, verification and increase
enrollment. And although most of the initial comments, including some industry comments, 25
urged that an increase in the income eligibility requirement is necessary, a few industry
commenters have opposed the increase. 26 Nonetheless, Public Interest Commenters urge the
Joint Board to increase the income eligibility requirement to achieve efficiencies and to address
the effects of the economic downturn.
III.

OUTREACH EFFORTS MUST BE IMPROVED

In initial comments, Public Interest Commenters, 27 along with a number of others, 28
urged the Joint Board to recommend enhanced outreach efforts. Three commenters stated a
contrary belief: PR Wireless, TracFone and Smith Bagley Inc. 29 However, these three offered no
indication as to why they reached this conclusion. The only commenter offering any reason to
support the efficacy of current outreach efforts is Verizon, which states that the Referral Order is
accepted that processes for automatic enrollment are beneficial, increasing enrollment and
decreasing the need for traditional marketing for Lifeline programs.”).
24
See Benton Comment at 5, MAG-Net Comment at 9, Consumer Law Comment at 9,
NASUCA Comment at 6, CPUC Comment at 9, Comments of the Public Utilities Commission of
Ohio, WC Dkt. No. 03-109, at 5 (Jul. 14, 2010) (“Ohio Commission Comment”), DCPSC
Comment at 2, SBI Comment at 6, PR Wireless Comment at 3.
25
PR Wireless Comment at 3, Tracfone Comment at 4.
26
Verizon Comment at 8; US Telecom Comment at 5.
27
NHMC Comment at 2-3; MAG-Net Comment at 15-16.
28
See Comments of the Nebraska Public Service Commission, Dkt. No. 03-109, at 7 (Jul. 15,
2010) (“NPSC Commen”); AT&T Comment at 6; Comments of Nexus Communications, Inc.,
WC Dkt. No. 03-109, at 4 (Jul. 15, 2010) (“Nexus Comment”); Community Voice Comment at
4; FPSC Comment at 11; Consumer Law Comment at 28-29; CPUC Comment at 23-24.
29
See PR Wireless Comment at 14; SBI Comment at 11; TracFone Comment at 12.
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wrong to suggest that the Lifeline program “is undersubscribed and underfunded due to a lack of
awareness regarding potential program discounts.” 30 Verizon believes that because there are “a
record 96 percent of all households and 94 percent of households making less than $15,000 per
year that have phone service” 31 that outreach has been effective.
Verizon’s argument is flawed. Not only is it poor policy to leave behind 6% of the
neediest population, it goes against the goals set for the universal service programs. 32 Moreover,
Lifeline participation by eligible households is far below its full capacity.
Universal service has been a national policy goal since enactment of the Communications
Act of 1934, in which Congress stated its intention to “make available, so far as possible, to all
the people of the United States... a rapid, efficient, Nation-wide, and world-wide wire and radio
communication service with adequate facilities at reasonable charges.” 33 Assuming that
outreach is effective because over 90 percent of a population is covered is a disservice to the few
that are not covered.
In Public Interest Commenters’ personal experiences with the communities they serve,
outreach on Lifeline and Link Up often does not reach its intended targets. 34 As MAG-Net noted
in its comment “only approximately 7 million of an estimated 24.5 million eligible households
(or less than 29%) participated in Lifeline in 2008” 35 and “few states have succeeded in enrolling

30

Verizon Comment at 13.
Id.
32
See 47 U.S.C. § 254(b)(3) (2010).
33
National Broadband Plan at 140 (citing 47 U.S.C. § 151) (emphasis added). The
Communications Act of 1996 expanded this goal by requiring the Commission to base its
universal service policies on the recognition that consumers in all regions, including those with
low incomes and those in high cost areas, should have access to advances in telecommunications
and information technologies. See 47 U.S.C. § 254(b)(3) (2010).
34
NHMC Comment at 3, 5.
35
MAG-Net Comment at 6 (citing Comments of the National Association of State Utility
Consumer Advocates on NBP In the Matter of Federal-State Joint Board on Universal Service,
31

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more than 50% of their Lifeline eligible consumers.” 36 The effectiveness of outreach does not
necessarily correlate with household telephone subscriptions. Many of these low-income
households could in fact have telephone service that they pay for entirely by themselves, beyond
their means and without the assistance of the Lifeline program. If outreach is ineffective in
reaching these communities, as other commenters suggest, then such communities should not be
left out and the Joint Board should recommend implementation of more effective methods of
outreach.
Public Interest Commenters urge the Joint Board to suggest that, as opposed to offering
additional outreach guidelines or regulations, current guidelines and regulations be implemented
more deliberately to ensure that materials are reaching target communities. 37 In addition, Public
Interest Commenters support California Public Utilities Commission’s recommendation that
culturally relevant advertisements be used to target communities. 38 California, a state with one
of the highest low-income program participation rates, 39 has been more successful than other
states in part because it conducts outreach in a number of different languages. 40 Nebraska Public
Service Commission, AT&T and YourTel, along with many others, suggest following the
Broadband Plan’s recommendation of working with local social service providers as well as

CC Docket No. 96-45, Public Notice #19, GN Docket Nos. 09-47, 09-51, 09-137, at 30 ¶45
(filed Dec. 7, 2009) (“USAC staff prepares annually a study of the Lifeline participation rates in
each state, based on United States Census Bureau data. The 2008 Lifeline Participation Rates by
State map compiled by USAC shows just 5 states, Alaska, California, Colorado, Montana and
Oklahoma, as having estimated Lifeline participation rates in excess of 50%.”).
36
MAG-Net Comment at 6 (citing National Broadband Plan at 172).
37
NHMC at 2 (stating that despite existing “laws, regulations and guidelines, based on feedback
from NHMC’s constituents, the Commission is failing to effectively reach some of the
communities the low-income programs are intended to serve, and particularly Latinos.”).
38
CPUC Comment at 22-24.
39
USAC, Low-Income, 2009 Lifeline Participation Rate by States, available at
http://www.usac.org/li/about/participation-rate-information.aspx (last visited July 28, 2010).
40
CPUC Comment at 23.
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other local and state agencies. 41 The Community Voice Mail National Office also recommends
working with community organizations as an additional option for outreach expansion. 42 Public
Interest Commenters support both the inclusion of social service providers and community
organizations in outreach efforts.
CONCLUSION
Wherefore, Public Interest Commenters respectfully request that the Joint Board accept
the recommendations herein.
Respectfully submitted,
/s/ Jessica J. Gonzalez
Jessica J. Gonzalez, Esq.
National Hispanic Media Coalition
55 South Grand Avenue
Pasadena, CA 91105
(626) 792-6462

Law Students:
Monica S. Guzman
Santa Clara University School of Law
Jeremy Rosenberg
Southwestern Law School

Matthew F. Wood, Esq.
Media Access Project
1625 K Street N.W., Suite 1000
Washington, D.C. 20006
(202) 454-5684

July 30, 2010

Amina Fazlullah, Esq.
Benton Foundation
1250 Connecticut Ave NW, Suite 200
Washington DC 20036
650-814-8003

41

See, e.g., NPSC Comment at 7; AT&T Comment at 6; Comments of YourTel America, WC
Dkt. No. 03-109, at 6 (Jul. 15, 2010).
42
Community Voice Comment at 4.

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