******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



 Federal Communications Commission DA 13-214  
 
Before the 
  Federal Communications Commission 
Washington, DC 20554 
 
In the Matter of 
 
L  Davis1 
 
Illegal Receipt of Duplicate  
Lifeline Support 
 
) 
) 
) 
) 
) 
) 
 
 
File No.:  EB-13-IH-0188  
 
 
CITATION AND ORDER 
 
Adopted:  February 15, 2013 Released:  February 15, 2013  
 
By the Chief, Investigations and Hearings Division, Enforcement Bureau: 
 
1. This is an official CITATION AND ORDER issued pursuant to Section 503(b)(5) of the 
Communications Act of 1934, as amended (Communications Act),2 to L  Davis ( . Davis or “you”) 
for violations of the Federal Communications Commission’s rules for the Universal Service Lifeline 
Program, which helps qualifying low income consumers get access to phone service.3   
2. According to our records, you currently receive Lifeline-supported service 10 customer 
accounts from the following companies:  Terracom, Inc.; Tracfone Wireless, Inc.; TAG Mobile, LLC; 
Conexions, LLC d/b/a Conexion Wireless; Virgin Mobile USA, LP; and Cintex Wireless, LLC.  As you 
should know, your household can have only one Lifeline-supported phone service.4  When you signed up 
for Lifeline-supported phone service, you should have signed a form where you certified, under penalty of 
perjury, that you and other members of your household do not already have Lifeline-supported phone 
service.5  You also should have certified that you were eligible for Lifeline service, and that all of the 
information in your application was truthful.6  
3. By obtaining Lifeline service from multiple providers, you violated the rule limiting each 
household to only one Lifeline-supported phone service, and you apparently made multiple false 
certifications that are punishable by law.  Therefore, we ORDER you to cease and desist from 
applying for—or receiving—more than one Lifeline-supported phone service.   
                                                     
1 The name of the recipient of this Citation and Order has been redacted in part to protect the recipient’s personal 
privacy interests.  See 5 U.S.C. § 552(a); see also 47 C.F.R. § 0.455(g) (“To the extent required to prevent a clearly 
unwarranted invasion of personal privacy . . . the Commission may delete identifying details or confidential 
information when it makes available or publishes any document described in this section.”).  We take this action 
because, in this case, the individual’s identity has no bearing or effect on the subject matter of the document, and 
there is no need for the general public to know it.  Therefore, at this juncture, the interest in protecting the private 
citizen’s right to be secure in his or her personal affairs outweighs any purported interest the public might have in 
knowing the individual’s identifying information. 
2 47 U.S.C. § 503(b)(5). 
3 The Commission is issuing this Citation and Order pursuant to Section 503(b)(5) of the Communications Act of 
1934, as amended, 47 U.S.C. § 503(b)(5). 
4 See 47 U.S.C. § 54.410(d)(3).   
5 See 47 C.F.R. § 54.410(d)(3)(vi). 
6 See 47 C.F.R. § 54.410(d)(3). 
 Federal Communications Commission DA 13-214  
 
 
2 
4. In addition, you should have received a letter from the Universal Service Administrative 
Company dated November 28, 2012 directing you to choose a single Lifeline service provider and 
explaining that you would no longer receive benefits for more than one Lifeline-supported phone service.    
5. If you continue to violate the Communications Act or the Commission’s rules in any 
manner described in this letter after you receive this Citation and Order, the Federal 
Communications Commission may impose monetary fines of up to $16,000 for each violation and 
up to $112,500 for a single continuing violation.7 
6. You may respond to this Citation and Order within 30 days from the date of this letter by 
requesting an interview or by submitting a written response explaining your position.  If you want to 
schedule an interview, please contact Mindy Littell at (202) 418-1420.  The interview can be conducted in 
person at the FCC Field Office that is closest to your residence or by telephone with an FCC 
representative in Washington, D.C.  If you prefer to send a written response, you must send it within 30 
days of the date of this letter to:  
  Mindy Littell 
  Investigations & Hearings Division 
  Enforcement Bureau 
  Federal Communications Commission 
  445 12th Street, SW, Rm. 4-C330 
  Washington, DC  20554 
  Re: EB File No.: EB-13-IH-0188 
7. However you respond, you should explain the actions that you are taking to ensure that 
you do not violate the FCC’s rules governing the Lifeline program.   
8. The Commission’s staff will use all relevant material information before it, including 
information that you disclose in your interview or written statement, to determine what, if any, 
enforcement action is required to ensure your compliance with the Communications Act and the 
Commission’s rules.   
9. The knowing and willful making of any false statement, or the concealment of any 
material fact, in reply to this Citation and Order is punishable by fine or imprisonment under 18 U.S.C. 
§ 1001. 
10. Under the Privacy Act of 1974, any statement or information you provide may be used by 
the Commission to determine if further enforcement action is required.8  Section 1.17 of the Rules also 
requires that you provide truthful and accurate statements to the Commission.9  Any knowingly or 
willfully false statement, or concealment of any material fact, made in reply to this Citation and Order is 
punishable by fine or imprisonment.10  
 
11. Reasonable accommodations for people with disabilities are available upon request.  
Include a description of the accommodation needed, including as much detail as possible.  Also include a 
way we can contact you if we need more information.  Please allow at least five (5) calendar days 
                                                     
7 See 47 C.F.R. § 1.80(b)(3). 
8 See Privacy Act of 1974, 5 U.S.C. § 552a(e)(3). 
9 See 47 C.F.R. § 1.17. 
10 See 18 U.S.C. § 1001 et seq. 
 Federal Communications Commission DA 13-214  
 
 
3 
advance notice; last minute requests will be accepted, but may be impossible to fill.  Requests may be 
submitted by email to fcc504@fcc.gov or by phone to the Commission’s Consumer & Governmental 
Affairs Bureau: 
       For sign language interpreters, CART, and other reasonable accommodations:  
202-418-0530 (voice), 202-418-0432 (tty); 
 
       For accessible format materials (braille, large print, electronic files, and audio format):  
 202-418-0531 (voice), 202-418-7365 (tty).   
12. IT IS ORDERED that pursuant to Sections 4(i), 4(j), and 403 of the Communications 
Act of 1934, as amended, L  Davis must cease and desist from applying for—or receiving—more than 
one Lifeline-supported phone service. 
 
13. IT IS FURTHER ORDERED that a copy of this Citation and Order shall be sent by 
email, First Class U.S. Mail, return receipt requested, and Certified Mail to L  Davis at  address of 
record.  
 
FEDERAL COMMUNICATIONS COMMISSION 
 
 
 
 
    Theresa Z. Cavanaugh 
    Chief, Investigations & Hearings Division 
    Enforcement Bureau