Federal Communications Commission DA 17-864
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Lifeline and Link Up Reform and Modernization
Telecommunications Carriers Eligible for Universal
Service Support
Connect America Fund
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WC Docket No. 11-42
WC Docket No. 09-197
WC Docket No. 10-90
ORDER
Adopted:  September 8, 2017 Released:  September 8, 2017
By the Chief, Wireline Competition Bureau
1. In this Order, the Wireline Competition Bureau (Bureau) grants in part i-wireless, LLC’ 
(i-wireless) request for a temporary waiver of the Lifeline Program’s non-usage and recertification rules 
for Lifeline customers residing in Florida.
1
  Based on the record before us, we find that good cause exists 
to waive for 90 days following the release of this Order sections 54.405(e)(3), 54.405(e)(4), 54.407(c)(2), 
and 54.410(f) of the Commission’s rules for eligible telecommunications carriers (ETCs) serving Lifeline 
subscribers residing in Florida.
2
  Strict compliance with these rules would be impracticable and would 
risk de-enrollment of Lifeline subscribers in the immediate aftermath of Hurricane Irma. 
2. Hurricane Irma, a Category 4 hurricane, is moving through the Caribbean and is expected 
to impact Florida.  Hurricane Irma has caused significant damage in the areas within its path, including 
storm surge, wind damage, and flooding.  It will also likely cause substantial damage to the 
communications network, resulting in service disruptions and outages throughout these areas.  As of June 
2017, there were approximately 676,726 Lifeline subscribers in Florida.
3
3. On September 8, 2017 i-wireless submitted a request for temporary waiver of the Lifeline 
non-usage and recertification rules for subscribers in Florida because Hurricane Irma was expected to 
cause power and network outages, and displacements in Florida.
4
  i-wireless requests a waiver of these 
rules “for a minimum of 90 days following Hurricane Irma and until such time that the Commission 
                                                     
1
i-wireless, LLC Emergency Petition for Temporary Suspension and Waiver, WC Docket Nos. 11-42, 09-197, 10-
90 (filed Sept. 8, 2017) (i-wireless Petition).
2
See 47 CFR §§ 54.405(e)(3), 54.405(e)(4), 54.407(c)(2), 54.410(f).
3
See Universal Service Administrative Company, 2017 Fourth Quarter Filings, LI08 Lifeline Subscribers by State 
or Jurisdiction – January 2017 through June 2017 (last visited Sept. 8, 2017), 
http://www.usac.org/about/tools/fcc/filings/2017/Q4/LI08%20Lifeline%20Subscribers%20by%20State%20or%20Ju
risdiction%20-%20January%202017%20through%20June%202017.xlsx. 
4
i-wireless Petition at 1, 7-8. 
Federal Communications Commission DA 17-864
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assesses the totality of circumstances in Florida and determines that lifting the waiver is in the public 
interest.”
5
4. Generally, the Commission’s rules may be waived for good cause shown.
6
  The 
Commission may exercise its discretion to waive a rule where the particular facts make strict compliance 
inconsistent with the public interest.
7
  In addition, the Commission may take into account considerations 
of hardship, equity, or more effective implementation of overall policy on an overall basis.
8
  Waiver of 
the Commission’s rules is therefore appropriate only if special circumstances warrant a deviation from the 
general rule, and such deviation will serve the public interest.
9
5. In order to promote the maintenance and rebuilding of communities affected by 
Hurricane Irma and to facilitate continued access to telecommunications services for disaster victims, it is 
in the public interest to temporarily waive sections 54.405(e)(3) and 54.407(c)(2) of the Commission’s 
rules.
10
  Under these rules, ETCs must de-enroll Lifeline subscribers who do not pay a monthly fee for 
their Lifeline-supported service and do not use that service for 30 consecutive days.
11
  Waiver of these 
rules will help low-income consumers retain access to emergency communications services during this 
natural disaster, and allows ETCs to continue providing Lifeline service to disaster victims in the affected 
areas without requiring those subscribers to de-enroll and re-enroll in the program as they are rebuilding 
from the devastation of a hurricane.  At the expiration of the waiver period, Lifeline subscribers who are 
subject to the non-usage rule will have 30 days to use their Lifeline service for the purposes of section 
54.405(e)(3) of the Commission’s rules.
6. It is also in the public interest to temporarily waive sections 54.405(e)(4) and 54.410(f) of 
the Commission’s rules for ETCs with subscribers whose service anniversary dates fall within the next 90 
days.
12
  Waiver of these rules will allow ETCs serving Lifeline subscribers in Florida additional time to 
complete the recertification process for those subscribers whose service anniversary dates fall within the 
next 90 days.  Disruptions to telephone and Internet service resulting from Hurricane Irma could make it 
difficult, if not impossible, for Lifeline subscribers to receive and respond to service provider 
recertification requests and reminders, and in the near future Florida’s eligibility database, which ETCs 
use to conduct automated eligibility reverifications, may be disrupted.
13
  At the expiration of the waiver 
period, subscribers whose service anniversary dates fell during the waiver period will have 60 days to 
respond to their ETC’s recertification efforts. 
7. Finally, we decline to grant i-wireless’ request for an indefinite waiver of the rules, 
absent further action from the Commission.
14
  We find that a 90-day waiver period is an appropriate time 
period that accommodates the extraordinary circumstances of Hurricane Irma while continuing to protect 
program integrity.  ETCs in the affected areas that are unable to comply with the Lifeline non-usage and 
recertification requirements at the end of this period for specific households may request additional, 
narrowly tailored relief from these requirements from the Wireline Competition Bureau.
                                                     
5
i-wireless Petition at 2, 5.  
6
47 CFR § 1.3.  
7
Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990).  
8
WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166. 
9
Northeast Cellular, 897 F.2d at 1166.  
10
47 CFR §§ 54.405(e)(3), 54.407(c)(2).
11
See id.
12
47 CFR §§ 54.405(e)(4), 54.410(f).
13
i-wireless Petition at 7-8.
14
See i-wireless Petition at 2.
Federal Communications Commission DA 17-864
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8. ACCORDINGLY IT IS ORDERED, pursuant to the authority contained in sections 1-4 
and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 
0.91, 0.291, and 1.3 of the Commission’s rules, 47 CFR §§ 0.91, 0.291, and 1.3, that the request for 
waiver filed by i-wireless IS GRANTED IN PART AND DENIED IN PART.  
9. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254 
of the Communications Act of 1934, as amended, 47 47 U.S.C. §§ 151-154 and 254, and sections 0.91, 
0.291, and 1.3 of the Commission’s rules, 47 CFR §§ 0.91, 0.291, and 1.3, that sections 54.405(e)(3), 
54.405(e)(4), 54.407(c)(2), and 54.410(f) of the Commission’s rules are waived to the limited extent 
provided herein.  
10. IT IS FURTHER ORDERED, that pursuant to section 1.102(b)(1) of the Commission’s 
rules, 47 CFR § 1.102(b)(1), this Order SHALL BE EFFECTIVE upon release.  
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief
Wireline Competition Bureau