20231115Comments of the Commission Staff.pdf

MICHAEL DUVAL
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE,IDAHO 83720-0074 SSION
[phone]
IDAHO BAR NO.11714
Street Address for Express Mail:
11331 W CHINDEN BLVD,BLDG 8,SUITE 201-A
BOISE,ID 83714
Attorneyfor the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF BOOMERANG )WIRELESS LLC'S APPLICATION SEEKING )CASE NO.BWL-T-23-02
A PARTIAL RELINQUISHMENTOF ITS )DESIGNATION AS AN ELIGIBLE )
TELECOMMUNICATIONS CARRIER )COMMENTS OF THE
)COMMISSION STAFF
COMMISSION STAFF ("STAFF")OF the Idaho Public Utilities Commission,by and
through its Attorney of record,Michael Duval,Deputy AttorneyGeneral,submits the following
comments.
BACKGROUND
On October 4,2023,Boomerang Wireless,LLC d/b/a En Touch Wireless,("Boomerang"
or "Company")applied to the Idaho Public Utilities Commission ("Commission")seeking the
partial relinquishment of its eligible telecommunications carrier ("ETC")designation in the
service area where it uses Verizon Wireless ("VW")as an underlyingcarrier;the Company also
seeks to discontinue the use of VW and AT&T Mobility("AT&T")as underlyingcarriers
("UC[s]")in the State of Idaho ("Application").
Boomerang was granted the ETC designation status throughoutthe State of Idaho to
solely provide Lifeline and tribal Lifeline services to qualified Idaho consumers in certain
STAFF COMMENTS l NOVEMBER 15,2023
designated wire centers served by VW,AT&T,Sprint,and T-Mobile.Thus,in its provision of
wireless services,Boomerang Wireless offers resold services obtained from its underlying
wireless providers,Sprint,VW,AT&T as well as other Global System for Mobile Commissions
carriers.See Order No.33685 of Case No.BWL-T-16-01.
The Lifeline program is intendedto provide more affordable telecommunications service
benefits to eligible low-income customers through the federal Universal Service Fund.Idaho
participates in the residential Lifeline program pursuant to Idaho Code §56-901.See Order No.
21713.
THE APPLICATION
Boomerang is an Iowa limited liabilitycompany with its principal offices located at 955
Kacena Road,Suite A,Hiawatha,IA 52233.Boomerang is authorized to transact business in
Idaho and is registered with the Idaho Secretary of State as a Foreign Limited LiabilityCompany
with a commercial registered agent at PARACORP Incorporated 1555 W Shoreline Dr.,Ste 100,
Boise,ID 83702.Its mailing address is shown as 415 McFarlan Rd,Suite 108,Kennett Square,
PA 19348.Boomerang represents that it is a common carrier and provider of Commercial
Mobile Radio Services.It provides prepaid wireless telecommunications services to consumers
by using several UC[s]includingSprint,VW,T-Mobile,and AT&T.It was designated by the
Commission as an ETC in the State of Idaho in certain designated wire centers served by its
underlyingcarriers including Sprint,VW,T-Mobile,and AT&T .See Order No.33685.
Boomerang's Application for a partial relinquishment of its ETC status consists of two
requests:(1)revocation of its ETC status in only those service areas where the Company uses
VW as an underlyingcarrier;and (2)authorization to discontinue the use of VW and AT&T as
underlyingcarriers of its service within the State of Idaho.Application at 5.
Boomerang states that in February 2022,its ownership officially changed to ViaOne
Services.As a result of the new structure,it no longer utilizes the VW and AT&T networks as
underlyingcarriers.However,Boomerang will continue to utilize the T-Mobile network,which
followingits merger with the Sprint network includes an expanded service area.Boomerang
provided a listing of the zip codes in which it is requesting partial relinquishment because these
zip codes are where Boomerang has only VW as an underlyingcarrier within that zip code.
Thus,because of these changes,there are no subscribers receiving service via the underlying
STAFF COMMENTS 2 NOVEMBER 15,2023
carrier,VW.There are also no subscribers on the AT&T platform;therefore,no subscribers in
Idaho will be affected.Id.at 2.
Boomerang represents that its requested partial relinquishment complies with federal law.
Relatedly,it asserts that its Application provides notice to the Commission as required by 47
U.S.C.§214 (e)(4).Additionally,the Company states that more than one ETC designation
status holder currentlyserves the areas where the Company uses VW as a UC.The Company
also states that these ETCs will be able to continue to serve customers in the service area without
building additional facilities.Id.at 3-4.
STAFF ANALYSIS
Staff reviewed Boomerang's Application and examined Boomerang's fulfillment of the
relinquishment requirements under the rules and regulations of the Idaho Public Utilities
Commission,the Federal Telecommunications Act of 1996,and the rules of the Federal
Communications Commission ("FCC")regulations.Staff concluded that the Company has
fulfilled the statutory requirements for partial relinquishment of its ETC designation status in
Idaho.
Boomerang represents that the reason for its request to partially relinquish its ETC
designation status in the State of Idaho is due to a change in its corporate ownership,and it will
no longer utilize the VW and AT&T networks as underlyingcarriers.However,the Company
will continue to utilize the T-Mobile network,which (followingthe T-Mobile merger with the
Sprint network)includes an expanded service area.Staff reviewed the affected areas as shown in
the Exhibits attached to the Application and found them to be reasonable.Thus,the original
purpose for which Boomerang sought an ETC designation from the Commission has not
changed,and the ETC designation is still necessary.Staff supports the Company's request that
the Commission issue an order granting partial relinquishment of its designation as an ETC.
The Commission "shall permit an eligible telecommunications carrier to relinquish its
designation as such a carrier in any area served by more than one eligible telecommunications
carrier."Idaho Code §62-610D(4).The Commission is also required to ensure that customers
of the withdrawingcompany will continue to be served by another ETC provider.Boomerang
represents that there are no subscribers receiving service with VW as the UC.There are also no
subscribers on the AT&T platform;therefore,no subscribers in Idaho will be affected.
STAFF COMMENTS 3 NOVEMBER 15,2023
Furthermore,as part of its Application,Boomerang has attached Exhibits showing that the VW
service area is also currentlyserved by more than one ETC status holder as required by 47
U.S.C.§214(e)(4).Staff has verified this assertion.Therefore,Staff believes that the Company
is compliant with the applicable federal and state requirements.
STAFF RECOMMENDATION
Staff examined the Company's Application and recommends the Commission issue an
Order approving Boomerang's Application for partial relinquishment of its designation as an
ETC on a wireless basis (low-income only)in the service area previouslyserved by VW as a UC.
Staff also recommends that the Commission allow the Company to discontinue the use of VW
and AT&T as UCs for Boomerang Wireless.
Respectfully submitted this 15th day of NOVEMBER 2023.
Michael Duval
Deputy AttorneyGener
Technical Staff:Johan Kalala-Kasanda
i:umisc/comments/BWL-T-23-02 Comments
STAFF COMMENTS 4 NOVEMBER 15,2023
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 15th DAY OF NOVEMBER 2023,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF TO
BOOMERANG WIRELESS LLC.,IN CASE NO.BWL-T-23-02,BY MAILING A
COPY THEREOF,POSTAGE PREPAID,TO THE FOLLOWING:
J ANDREW GIPSON ESQ
J A GIPSON ADVISORS PLLC
414 HOLLY GROVE CIRCLE
BRAXTON MS 39044
E-MAIL:[e-mail]
SECRETARY
CERTIFICATE OF SERVICE