CA Lifeline Program (GDP) Terms & Conditions - Total Wireless

TOTAL WIRELESS CALIFORNIA LIFELINE-SPECIFIC TERMS AND CONDITIONS OF SERVICE

I. Program Description

II. California-Specific Terms & Disclosures

I. Program Description

Lifeline service is funded by the Universal Service Fund Lifeline (“Lifeline”) program and administered by the Universal Service Administrative Company (USAC). In order to qualify for enrollment in the Total Wireless Lifeline Program, a person must meet certain eligibility requirements where the Program is offered. These requirements are based on a person’s participation in a state or federal support program(s) or by meeting certain income requirements based upon the Income Poverty Guidelines as defined by the government. Federal and State law limits the availability of the Lifeline Benefits. Federal law permits only one Lifeline benefit per household (which is defined as any individual or group of individuals who live together at the same address and share income and expenses). Applicants for the Total Wireless Lifeline Program must complete an application form, provide supporting documentation that they meet the eligibility requirements, and certify, under penalty of perjury, that they:

• Are eligible for and currently receive benefits from the public assistance program(s) identified in the application form, or that they have income at or below the designated eligibility level.
• Understand they may be required to recertify their continued eligibility at any time, and that failure to recertify will result in the loss of their benefits.
• Do not currently receive Lifeline support for a broadband, mobile, or telephone serving their household, and no other resident in their household participates in the Lifeline Program with any Eligible Telecommunications Carrier
• Will notify Total Wireless by calling 1-800-723-3546 within thirty (30) days if they no longer qualify for any of the public assistance programs identified in their application form, no longer meet the criteria for income eligibility, if another member of their household receives Lifeline benefits, or if they no longer qualify for Lifeline for any other reason.
• Will notify Total Wireless of any change of address within thirty (30) days by calling 1-800-723-3546.
• Reviewed the information contained in their application and it is true and correct to the best of their knowledge and belief, and that they understand that providing false or fraudulent information to obtain Lifeline benefits is punishable by law.

You may be required to provide copies of documents proving your eligibility to participate in Lifeline. You should not send original documents to Total Wireless Lifeline. Documents sent to Total Wireless will not be returned. Total Wireless Lifeline is not responsible for any losses resulting from the destruction of documents sent to Total Wireless.

Applicants who qualify and are enrolled in the Total Wireless Lifeline Program may receive a discount with the purchase of Total Wireless service plans. USAC and/or the State Lifeline administrators will determine in their sole discretion whether or not an applicant meets the eligibility requirements to participate in the Lifeline Program. Please call USAC at 1-800-234-9473. or email LifelineSupport@usac.org for additional information. In California, please call the California Lifeline Call Center at 1-877-858-7463.  Upon enrollment in the Total Wireless Lifeline Program, you will be qualified to participate for up to one (1) year. To continue your enrollment in the Total Wireless Lifeline Program after the initial year, you must recertify annually to remain qualified for continued enrollment in the Total Wireless Lifeline Program as required by your state’s Public Service Commission, Public Utility Commission, or other agency administering the Total Wireless Lifeline Program in your state. Total Wireless Lifeline may also conduct recertification drives for each state according to its rules.

If Total Wireless Lifeline determines during its recertification drive, or at any other time, that you no longer qualify for the Total Wireless Lifeline Program, you will immediately be deemed ineligible to participate in the Total Wireless Lifeline Program, de-enrolled, and will no longer receive your Lifeline benefit. Customers who are no longer eligible (for any reason) for enrollment in the Total Wireless Lifeline Program must, within thirty (30) days, notify Total Wireless Lifeline that they no longer meet the eligibility requirements for enrollment. A Customer’s enrollment may also be canceled upon the request of a state and/or federal authority.

Total Wireless Lifeline reserves the right to cancel the enrollment of any Customer and/or permanently deactivate any Customer’s Total Wireless Lifeline Phone for fraud, misrepresentation or other misconduct as determined solely by Total Wireless Lifeline. While participating in the Total Wireless Lifeline Program, a Customer shall not be permitted to sell, rent, give away, or in any way allow another person to use their Total Wireless Lifeline phone (“Phone”) or Total Wireless Lifeline Service.

IT IS A VIOLATION OF FEDERAL AND STATE LAW TO SELL OR GIVE AWAY (1) A LIFELINE PHONE (OR A LIFELINE SIM CARD) OR (2) LIFELINE SERVICE PROVIDED TO THE HOUSEHOLD. Any violation of this prohibition will be reported to the appropriate legal authorities for prosecution. In addition, if Total Wireless determines, in its sole discretion, that you have violated these prohibitions, Total Wireless will permanently de-enroll you from the Total Wireless Lifeline Program, permanently deactivate your Phone, and permanently flag your personal information so that you may not re-enroll in the Total Wireless Lifeline Program in the future.

If you have any questions, concerns, comments, or complaints regarding the Total Wireless Lifeline Program or Service, offerings or Products, please call Total Wireless Customer Care at 1-800-723-3546. Customers may also contact their state’s Public Service Commission/Public Utility Commission.

Annual Verification and Non-Usage Deactivation

As a Lifeline customer, you are required to annually verify your eligibility in the Total Wireless Lifeline Program (not including your enrollment year). If you fail to complete your annual verification by your service anniversary date, you will be de-enrolled from the Total Wireless Lifeline Program. Upon de-enrollment, you will cease receiving the Lifeline discount. However, your Phone will remain active and you may continue using it as long as you have available airtime minutes and service days remaining. You may purchase airtime and service days to keep your service active. If you are de-enrolled from the Total Wireless Lifeline Program and your service otherwise becomes "past due," your Phone service will be deactivated, and you will lose unused minutes, if any, as well as your telephone number.

Non-Usage De-Enrollment and Deactivation for Free Service. If your Lifeline service is free due to the Lifeline discounts, you must use your service every thirty (30) days to remain enrolled in the program.  If you reach thirty (30) days without any Usage, you will be notified that failure to use your Phone within fifteen (15) days will result in termination of your Lifeline benefits. "Usage" includes any of the following: making a call; answering a call from someone other than Total Wireless Lifeline; sending a text message; using data services; purchasing airtime or data; or otherwise informing Total Wireless Lifeline that you wish to continue participating in the TracFone Lifeline Program by contacting our Customer Care Department at 1-800-723-3546. Please note that receiving a text message does not qualify as usage.

Termination of Service

You agree not to give away, resell, or offer to resell your Lifeline Phone or Service, as provided by the Total Wireless Lifeline Program. You also agree that your Lifeline Phone will not be used for any other purpose that is not allowed by this Agreement, or that is illegal. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE AND DE-ENROLL YOU FROM THE TRACFONE LIFELINE PROGRAM FOR VIOLATING THIS PROVISION OR FOR ANY OTHER GOOD CAUSE, including, but not limited to, if you: (a) violate any of the terms and conditions of service; (b) lie to us or attempt to defraud us; (c) allow anyone to tamper with your Lifeline Phone; (d) threaten or commit violence against any of our employees or customer service representatives; (e) use vulgar and/or inappropriate language when interacting with our representatives; (f ) steal from us; (g) harass our representatives; (h) interfere with our operations; (i) engage in abusive messaging, emailing or calling; (j) modify your device from its manufacturer’s specification; or (k) use it in a way that adversely affects our network or the service available to our other customers. We reserve the right to, without notice, limit, suspend, or end your service for any other operational or governmental reason. In addition to permanently terminating your Service, criminal offenses (i.e., selling or giving away your Lifeline Service; threatening violence, etc.) will be reported to the appropriate legal authorities, for prosecution.

II. California-Specific Terms & Disclosures

The following California Specific Terms ("California Terms") apply to all Total Wireless Lifeline Services provided in the State of California. In the event of any conflict with Section I of the Agreement, these California Terms control.

Schedule of Rates – California Plans

TOTAL WIRELESS CALIFORNIA LIFELINE PLANS

1. Total Wireless Lifeline Customers will have the ability to place and receive voice-grade calls of all distances. Calls will not be limited to local calling areas and there will be no toll charges. There will be no service contracts, term commitments, or early termination fees or penalties associated with any Total Wireless Lifeline plan. There will be no service connection charges, activation fees, or deposit requirements. Customers will be able to terminate their enrollment in Total Wireless Lifeline Service at any time, either because the consumer is not receiving a voice-grade connection at the residence, or for any other reason. If a California Lifeline Customer does not receive a voice-grade connection, Total Wireless Lifeline will provide service to that Customer using a different technology, if available.

2. All Total Wireless Lifeline Customers will have access to 911 and/or E911 emergency calling services in compliance with federal and state requirements. Total Wireless Lifeline Phones will be able to dial 911 without regard to whether the Customer has remaining airtime minutes available. Total Wireless Lifeline will provide potential and existing Customers with information regarding 911 and/or E911 emergency calling service in accordance with federal and state requirements.

3. All Total Wireless Lifeline plans supported by the California Lifeline program will provide at least 4GB or 6GB of data, depending on the amount of California Lifeline support. Those plans will include unlimited domestic voice and SMS text messaging.

4. All Total Wireless Lifeline plans will comply with the requirements set forth in CPUC D. 14-01-036, Appendix A 2, ¶¶ 4(a)-(j), and will be available to qualified households on a nondiscriminatory basis. Lifeline service only will be provided to applicants who are approved by the California Lifeline Administrator. Total Wireless Lifeline Customers will not be required to enter into contracts. For those Customers enrolling in plans with monthly charges, Total Wireless Lifeline will not impose fees based on Customer’s payment method (e.g., in person, cash, check or other payment form).

5. At the time of first establishing Total Wireless Lifeline Service, an eligible Customer may have the option of receiving a free SIM card to use in their own Phone or purchasing a discounted smartphone. California Lifeline Customers wishing to purchase other Phones will be allowed to purchase TracFone phones from participating retail vendors, on the same basis as do TracFone’s retail customers.

6. As required by Public Utilities Code §2881, Total Wireless California Lifeline Customers who are deaf or hearing-impaired or who have speech disabilities will have access to California Relay Service.

7. Upon the Customer’s request, Total Wireless will block access to 900/976 information service calls. Any 900/976 charges inadvertently or mistakenly incurred will be subject to a free one-time billing adjustment.

8. Access to local directory assistance will be provided to Total Wireless California Lifeline customers through TracFone’s underlying providers. There will be no additional charges for directory assistance.

9. All California Lifeline services may access 800 or other toll-free services.

10. Total Wireless will provide customer service during normal business hours. Calls to customer service should be made using the 616111 dialing code. Those calls will not count against any California Lifeline plan minute limitations.

11. Total Wireless customer service will be available in English and Spanish. Total Wireless will not market TracFone Lifeline Service in other languages.

12. As noted above, there are no toll charges associated with any TracFone California Lifeline service. Therefore, there is no need to offer toll blocking service.

13. There are no domestic toll charges associated with any TracFone California Lifeline service. Therefore, there is no need to provide access to Toll-Control service.

14. Total Wireless will provide access to two California Lifeline discounted telephone lines to Deaf and Disabled Telecommunications Program participants or teletypewriter users as required.

15. Total Wireless will provide free access to the California Relay Service via the 711 abbreviated dialing code to California Lifeline participants.

16. Total Wireless will provide access to public safety N11s (211, 311, 511, 711, 811, 911, and 988) without fee.

17. Total Wireless will provide access to 611611 for billing and technical support services. Such calls do not count against California Lifeline customers’ allotted minutes for those consumers enrolled in limited-minute plans.

18. Total Wireless will provide access to 411 directory assistance through its underlying providers.

19. Total Wireless is a registered trademark  of Verizon Trademark Services LLC. These Total Wireless Lifeline Terms and Conditions of Service (the “Lifeline Terms and Conditions”) are governed by the TOTAL WIRELESS TERMS AND CONDITIONS OF SERVICE, AGREEMENT TO ARBITRATE DISPUTES, AND EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM TOTAL WIRELESS (the “Total Wireless Terms and Conditions”), available at https://www.totalwireless.com/terms-and-conditions.  In the event of a conflict between the Lifeline Terms and Conditions, and the Total Wireless Terms and Conditions, the Total Wireless Terms and Conditions shall control.

20. Total Wireless will provide 30-day notice to California Lifeline participants before the service provider withdraws from offering California Lifeline services.

21. Customer’s Phone will not work if wireless towers and related equipment lose commercial power and do not have backup power, and/or Customer’s Phone is not charged.

22. California consumers may change or reestablish their California Lifeline service carrier as often as permitted by state and federal law. However, the California Lifeline fund will pay for no more than two service connection fees (whether with Total Wireless Lifeline or any other wireless service provider) per household per year. For any transaction that is not eligible for reimbursement from the Lifeline fund, Total Wireless may use its own funds to credit the service connection charge.

Beginning June 1, 2017, the California Lifeline Program (California Lifeline) has a new limitation on consumers requesting the California Lifeline discounts for phone services.

30-Day Waiting Period for an Enrollment Request for the California Lifeline Discounts for Phone Service: When a consumer submits an enrollment request to receive the California Lifeline discounts for cell phone service the consumer has to wait up to thirty (30) days to submit another enrollment request. A consumer CANNOT have multiple enrollment requests for the California Lifeline discounts for cell phone service going at the same time. The 30-day waiting period ends when either 1) the California Lifeline Administrator sends the final eligibility decision, 2) the enrollment request is canceled, or 3) the thirty (30) days have passed since the enrollment request, whichever occurs first. After the 30-day clock stops, a consumer may then submit another enrollment request for the California Lifeline discounts for cell phone service, as applicable. A consumer can independently cancel an enrollment request by contacting the California Lifeline Administrator by phone at 1-877-858-7463 or going to Check Your Status at https://www.CaliforniaLifeline.com The cell phone company can also cancel an enrollment request.