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Home My WebLink About20170419Notice of Relinquishment.pdf83O0 Greensboro Dr. Suite 1200 lysons,YA22lO2 (703) 584-8678 www.tcctAw,coM LLCS LUKAS LAFURIA CUTIERREZ & SACHS LLp ORIGII{A[ April 18,2017 VIA FEDEX Ms. Diane Hanian, Commission Secretary Idaho Public Utilities Commission 47 2 W est Washington Street Boise, lD 83702-0074 Budget PrePay,Inc. dba Budget Mobile - Notice of ETC Relinquishment Case No. BPP-T-12-01 Dear Ms. Hanian: On behalf of Budget PrePay, Inc. dba Budget Mobile ("Budget"), we are enclosing for filing an original and seven copies of Budget's Notice of Relinquishment of its Eligible Telecommunications Carrier Designation pursuant to 47 U.S.C. $ 2la(e)(a). /' P)z6e date stamp the copy marked "stamp and Return" and return this copy in the y'prepaid self-addressed envelope to my attention at Lukas, LaFuria, Gutierrez & Sachs, LLP. Should you have any questions or concerns with regard to the above, please feel free to contact me either by phone at the number listed above or by email at tlantor @,fcc I aw. com Respectfu lly submitted, Lukas, LaFuria, Gutierrez & Sachs, LLP Todd B. Lantor Partner :,1 --l \jJ ::b r-i) tt.L> lii (_.i Re: Enclosures BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION In the Matter of the Application of BUDGET PREPAY, INC. d/b/A BUDGET MOBILE Case No. BPP-T-12-01 NOTICE OF RELINQUISHMENT OF ETC STATUS IN IDAHO ) ) ) ) ) ) ) For Designation as an Eligible Telecommunications Carrier Budget PrePay, Inc. dba Budget Mobile ("Budget"), pursuant to $ 214(e)(4) of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. $ 21a(e)(a), $ 54.205 of the Rules of the Federal Communication Commission ("FCC"),47 C.F.R. $ 54.205, and Idaho Code $ 62- 6l0D(4), hereby requests that the Commission approve the relinquishment of Budget's Eligible Telecommunications Carrier ("ETC") designation in the State of Idaho, effective June 5, 2017. ln support thereof, the following is respectfully submitted: I. BACKGROLIND l. On January 23,2013, the Commission designated Budget as an ETC for the limited purpose of providing the services supported by the Universal Service Fund ("USF") under the FCC's Lifeline Program ("Lifeline") for low-income consumers. 2. Budget seeks to relinquish its Lifeline-only ETC designation and to discontinue service in Idatro, because of changes in the wireless industry and proposed modifications to the Lifeline program. 3. Relinquishment of Budget's Lifeline-only ETC designation will not affect the amount of federal Lifeline support available to other ETCs in the state. il. RELINOUISHMENT REOUIREMENTS 4. Under the USF provisions of the Act, the Commission must allow an ETC to relinquish its designation in any area served by more than one ETC. Section 214(e)(4) of the Act states, in pertinent part, as follows A State commission ... shall permit an [ETC] to relinquish its designation as such a carrier in any area served by more than one [ETC]. An [ETC] that seeks to relinquish its [ETC] designation for an area served by more than one [ETC] shall give advance notice to the State commission ... of such relinquishment. Prior to permitting a telecommunications carrier designated as an [ETC] to cease providing universal service in an area served by more than one [ETC], the State commission ... shall require the remaining [ETC] or [ETCs] to ensure that all customers served by the relinquishing carrier will continue to be served, and shall require sufficient notice to permit the purchase or construction ofadequate facilities by any remaining eligible telecommunications carrier. The State commission ... shall establish a time, not to exceed one yeil after the State commission ... approves such relinquishment under this paragraph, within which such purchase or construction shall be completed.r 5. The FCC rule essentially reiterates the same requirements in $ 214(e)(4) of the Act and states, in pertinent part, that a "state commission shall permit" an ETC to "relinquish its designation as such in any area served by more than one [ETC]."2 The FCC rule also requires that the ETC "shall give advance notice to the state commission of such relinquishment."3 Finally, the rule requires state commissions to ensure that the relinquishing ETC's customers will be served by the remaining ETC(s) and ensure sufficient notice to permit the purchase and construction of facilities if necessary.a ' 47 U.S.C. $ 2la(e)( ). See 47 C.F.R. $ s4.20s 2 +7 c.F.R. g 5a.205(a). 3 Id. 4 See 47 C.F.R. $ 54.205(b). 2 6. Similarly, the Idaho Code provides that the Commission "shall permit an [ETC] to relinquish its designation as such a carrier in any area served by more than one (l) [ETC]."5 The Commission is also required "to ensure that all customers served by the relinquishing carrier will continue to be served."6 7. The requirements for relinquishing ETC designation are: (l) there must be more than one ETC serving in the area of the ETC seeking relinquishment; (2) the ETC seeking relinquishment must provide advance notice to the relevant state commission; (3) the customers served by the relinquishing ETC must continue to be served by an ETC; and (4) to the extent that additional facilities are required to serve any of the relinquishing ETC's customers, sufficient notice shall be provided to ensure that the construction or purchase can be timely completed. As shown below, all such requirements for relinquishing Budget's ETC designation are satisfied. M. BUDGET'S ETC DESIGNATED SERVICE AREA 8. The wire centers impacted by this request along with the incumbent local exchange carriers ("ILECs") currently serving those wire centers are identified in Exhibit A, attached hereto. To the best of Budget's knowledge, each of the wire centers identified in Exhibit A is currently served by the ILEC which is an ETC. In addition, the Commission has designated other wireless ETCs to provide Lifeline service within Budget's current ETC designated area. Wireless ETCs, including Lifeline-only providers, which provide service in at least part of Budget's ETC designated service area, include Assurance Wireless, Boomerang Wireless, Q Link Wireless, and Safelink Wireless. As there is ready at least one other ETC in all areas in which Budget is currently designated as an ETC, the Commission is required by federal law to permit Budget to 5Idaho code g 62-6toD(4). 6 Id. 3 relinquish its Lifeline-only ETC designation. 9. Since multiple ETCs already serve the same ETC service area that Budget serves, to the best of Budget's knowledge, those ETCs will not be required to purchase or construct additional facilities to ensure that Budget's Lifeline subscribers continue to receive service. 10. Because there is at least one additional ETC throughout Budget's ETC service area, there is no bar to prevent this Commission from allowing Budget to relinquish its ETC designation in Idaho, and the requirements set forth in 47 U.S.C. $ 21a(e)(a), 47 C.F.R. $ 54.205, and Idaho Code $ 62-610D(4) have been met. IV. CUSTOMER NOTICE 1 1. Budget requests the Commission issue an order approving the relinquishment of Budget's ETC designation as soon as possible, but no later than 30 days after the date this Notice. Budget will provide notice to all of its wireless subscribers in Idaho by April 19,2017. Budget currently has less than 250 Lifeline subscribers in Idaho. Such action will permit Budget to provide ample notice to its Lifeline customers of the discontinuance of their Lifeline service and to ensure an orderly transition. In addition, consistent with Section 31.41.01 .312.02a of the Idaho Administrative Code which requires 45 days prior notice, actual Lifeline service will not cease until June 5,2017, more than 45 days from the date of this filing and more than 45 days in advance of the date Budget will provide notice to its Lifeline customers in Idaho of the upcoming cessation of their Lifeline service from Budget. 12. If a Budget customer decides to obtain service from another provider, there will not be any early termination fees, as Budget customers are not subject to such fees. 13. Budget customers will receive notice that Budget intends to discontinue their service text message. Text messages have historically been the mechanism by which Budget 4 communicates with its customers, and they will be the most effective method of ensuring Budget's customers receive this important information. 14. Budget will send each Lifeline customer at least one text message on April 19, 2017, notifuing Budget's Lifeline customers in Idaho of Budget's cessation of service in Idaho. The contents of this message will include the following information: (1) Budget is no longer an ETC and their existing service will be discontinued; (2) a Lifeline discount can be obtained from the remaining ETCs in Idaho and information about alternative Lifeline providers in Idaho will be provided; (3) the customer must make arrangements with another carrier to continue Lifeline service; and ( ) a toll-free number will be provided that customers may call to reach Budget's customer service representatives to assist with the transition. The notice is set forth below: Budget Mobile will cease providing service to you on 6-5-2017 Please contact another Lifeline provider like Boomerang Wireless or Q Link Wireless if you still want Lifeline. For more information, please call888-777-4007 or visit http : //www. b u d setm obile. com. Additional information is available from the Idaho PUC at http ://www.puc.idaho.sov/teleco ml etco/o20list.PDF 15. Budget will continue to provide its existing Lifeline customers with the Lifeline Idaho discount and claim reimbursement for the Lifeline discount until Budget discontinues its wireless operations in ldaho. Budget expects to stop seeking reimbursement for the Lifeline discount on or about June 5, 2017. 5 V. CONCLUSION For the foregoing reasons, Budget respectfully requests that the Commission grant this Application expeditiously allowing Budget to relinquish its Lifeline-only ETC designation and right to receive federal Lifeline funding in Idaho, effective June 5, 2017. Respectfully submitted, d*, a Ce.ft Todd B. Lantor LuKAs, LeFuruA Gurrennez & Secus, LLP 8300 Greensboro Drive, Suite 1200 Tysons, VA22l02 (703) 584-8678 tlantor@fcclaw.com Counselfor Budget PrePay, Inc. dba Budget Mobile Dated: April 18,2017 6 EXHIBIT A List of Rural Non-Rural Wire Centers Where Budget PrePay Seeks BTC Relinquishment and EXEIBIT A List of Rural and Non-Rural Wire Centers Ilhere Budget PrePay Seeks ETC Relinquis ent Rural Wlrc Centers Comoanv ALBTON TELEPHONE CO. DBA ATC COMMI.JMCATIONS ALBION TELEPHONE CO. DBA ATC COMMI.]MCATIONS ALBION TELEPHONE CO. DBA ATC COMMI.]MCATIONS ALBION TELEPHONE CO. DBA ATC COMMI.JMCATIONS ALBION TELEPHONE CO. DBA ATC COMMI.'MCATIONS ALBION TELEPHOM CO. DBA ATC COMMI.JMCATIONS ALBION TELEPHONE CO. DBA ATC COMMI'MCATIONS ALBION TELEPHONE CO. DBA ATC COMMI.JNICATIONS ALBION TELEPHONE CO. DBA ATC COMMI,JNICATIONS ALBION TELEPHOM CO. DBA ATC COMMI.'NrcATIONS ALBTON TELEPHONE CO. DBA ATC COMMI,JNICATIONS CAMBRIDGE TELEPHONE COMPA}.IY CAMBRIDGE TELEPHONE COMPANY CAMBRIDGE TELEPHONE COMPA}.IY CAMBRIDGE TELEPHONE COMPANY COLUMBINE TELCO DBA SILVER STAR COMMUNICATIPMS DIRECT COMMUNICATIONS ROCKLAND, INC. DIRECT COMMUMCATIONS ROCKLAND INC. DIRECT COMMUNICATIONS ROCKLAND, [NC. FARMERS MUTUAL TELEPHONE CO. FARMERS MUTUAL TELEPHONE CO. FILER MUTUAL TELEPHONE CO. FTLER MUTUAL TELEPHONE CO. FREMONT TELCOM CO TNLAND TELEPHONE CO. MI,ID LAKE TELEPHONE COOPERATME ASSOICATION, INC. MI.ID LAKE TELEPHONE COOPERATIVE ASSOICATION, INC. MUD LAKE TELEPHONE COOPERATIVE ASSOICATION, INC. MUD LAKE TELEPHONE COOPERATIVE ASSOICATION, INC. MUD LAKE TELEPHONE COOPERATIVE ASSOICATION, INC. OREGON . IDAHO UTTLTTIES, [NC. POTLATCH TELEPHONE CO., [NC. POTLATCH TELEPHONE CO., TNC. POTLATCH TELEPHONE CO., INC. PROJECT MUTUAL TELEPHONE COOP. ASSOCI,ATION, [NC. PROJECT MUTUAL TELEPHONE COOP. ASSOCIATION, [NC. PROJECT MUTUAL TELEPHONE COOP. ASSOCIATION, [NC. Wire Centcr ALBNIDXC ALMOIDXC ARCOIDXC ELBAIDXC HLBKIDXC HOWEIDXC MALTIDXC MCKYIDXC MLCYIDXC MOORIDXC RFRVIDXC CMBRIDXC CNCLIDXC CPRMIDXC LWMNIDXC DRGSIDMA ARBNTDXC PARSIDXC RKLDIDXC FRLDID)O( NUARIDXC FILRIDAA HLSTTDXC STATIDMA LENRIDXA DI.'BSIDXC HAMRIDXC KLGRIDXC MNVWIDXC TRTNIDXC SOMTIDXC JLTTIDXA KNDRID)O( TROYTDXX MNDKIDXC NRLDIDXC OKLYIDXC 1 PROJECT MUTUAL TELEPHONE COOP. ASSOCIATION, INC. PROJECT MUTUAL TELEPHONE C@P. ASSOCIATION, [NC. SILVER STAR TELEPHONE CO., TNC. SILYER STAR TELEPHONE CO., TNC. Non-Rural Wire Centers Companv PAI,JLIDXC RPRTIDXC IRWNIDXC WAYNIDXC \[ine Center AI\,IFLIDlvt/t BLFTIDN,IA BLSSIDMA BNCRIDMA BOISIDI\,IA BOISIDNW BOISIDSW BOISIDWE BRLYIDIT,IA BTJI{LTDMA CLWLIDMA CRGMIDOI CSFRIDMA CTWDIDOI DECLIDMA DW}.IYIDMA DYTNIDMA EAGLIDNM EDHZIDI\,IA EMMTIDIv{A FKLNIDMA FRTHIDMA GAVLIDOl GDNGIDMA GLFYIDMA GRACIDMA HALYIDMA HGMNIDMA IDCYIDMA IDFLIDMA TNKMIDMA JERMIDMU KAMHIDOI KMBRIDMA KOSKIDOl QWEST CORFORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORFORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION 2 QWEST CORPORATTON QWEST CORPORATION QWEST CORPORATION QWEST CORPORATTON QWEST CORPORATTON QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATTON QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATTON QWEST CORPORATION QWEST CORPORATTON QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION QWEST CORPORATION VERIZON NORTHWEST INC..ID YERIZON NORTHWEST INC..ID YERIZON NORTHWEST INC.-ID VERIZON NORTHWEST INC..ID VERIZON NORTHWEST INC..ID VERIZON NORTHWEST INC..ID VERIZON NORTHWEST INC.-TD VERIZON NORTHWEST INC..ID VERIZON NORTHWEST INC..[D VERIZON NORTHWEST INC..ID VERIZON NORTHWEST TNC.-ID KTCHIDMA KI.JNAIDMA LAPWIDOl LHSPIDMA LSMMDMA LSTNIDSH MCCMIDIvIA MDTNIDMA MELBIDMA MRDNIDMA MRTGIDMA MTHOIDMA MTHOIDSO MTPLTDMA NMPAIDMA NPMOIDMA NZPRIDOI PCTLIDMA PCTLIDNO PSTNIDMA PYTTIDMA RBRTIDMA RGBYIDMA RIRIIDMA RVSDIDMA RXBGIDMA SDSPIDMA SHLYIDIvIA SHSHIDMA STARIDNM TIITCIDMA TWFLIDN{A WESRIDMA WNDLIDMA BNFYID)O( BOVLID)O( BYVWID)O( CRALID)O( DERYID}O( FRFDWA]KA GENSTDXX IIRSNIDXA HYLKID)O( KLLGID)O( MLLNID)O( 3 VERIZON NORTHWEST INC..ID VERIZON NORTHWEST INC..ID VERIZON NORTHWEST INC.-ID VERIZON NORTHWEST INC..TD VERTZ ON NORTHWEST TNC.-ID VERIZON NORTHWEST TNC.-TD VERIZON NORTHWEST INC..ID VERIZON NORTHWEST INC.-ID VERIZON NORTHWEST INC..ID VERIZON NORTHWEST INC..ID VERTZON NORTHWEST INC..ID VERIZON NORTHWEST TNC.-ID VERIZON NORTHWEST INC..ID VERIZON NORTHWEST INC.-ID VERIZON NORTHWEST INC..WA MSCWIDXX ORFNIDXC PECKIDXX PIRCIDXX PLMRID)O( PNHRIDXA PRLKID)fi PRRVID)O( PSFLIDXX PTLTID)O( RTHDID)O( SNPNIDXX SPLKTDXX WEPPID)O( FRTNWA)fi 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 18ft day of April,2017, a true and correct original plus seven copies of the within and foregoing NOTICE OF RELINQUISHMENT OF BUDGET'S ETC STATUS IN IDAHO (Case No. BPP-T-12-01) was sent via FedEx Ovemight Priority delivery to Commission Secretary Diane Hanian at the Idaho Public Utilities Commission office at472 West Washington Street, Boise, Idaho 83702-0074 with additional copies sent by electronic mail to: Donald L. Howell, II Deputy Attorney General and Attorney for the Commission Staff Idaho Public Utilities Commission 472 W est Washington Street Boise,ID 83702-5918 Grace Seaman Technical Staff Member Idaho Public Utilities Commission 472 W est Washington Steet Boise,ID 83702-5918 Kathleen R. Mathiasen Signed i