20230816Comments of the Commission Staff.pdf

MICHAEL DUVAL
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE,IDAHO 83720-0074
[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 DISH WIRELESS )L.L.C.'S APPLICATION FOR DESIGNATION )CASE NO.DWL-T-23-01
AS AN ELIGIBLE TELECOMMUNICATIONS )CARRIER IN THE STATE OF IDAHO FOR )THE LIMITED PURPOSE OF OFFERING )COMMENTS OF THE
LIFELINE SERVICE TO QUALIFYING )COMMISSION STAFF
CUSTOMERS )
COMMISSION STAFF ("STAFF")OF the Idaho Public Utilities Commission,by and
through its Attorneyof record,Michael Duval,Deputy Attorney General,submits the following
comments.
BACKGROUND
On March 2,2023,Dish Wireless L.L.C.dba Gen Mobile ("DISH Wireless"or the
"Company")applied to the Idaho Public Utilities Commission ("Commission")for designation
as an Eligible Telecommunications Carrier ("ETC")in the State of Idaho ("Application").The
Company filed supplemental material to its Application on April 3,2023,and on July 28,2023.
The Company represents that it seeks ETC designation status solely for the limited
purpose of providing Lifeline service under the brand name "Gen Mobile"to qualifying Idaho
consumers,includingthose on federally recognized Tribal lands.Additionally,the Company
STAFF COMMENTS 1 AUGUST 16,2023
requested that its ETC designation status include the authorityto participate in and be reimbursed
from the Idaho Telephone Service Assistance Program ("ITSAP").Application at 4-5.
The Company asserts that it meets all federal and state requirements for designation as an
ETC and argues that designating the Company as an ETC is in the public interest.The Company
asks that the Commission grant it ETC status "expeditiously".Id.at 5.
THE APPLICATION
The Company is a Colorado limited liabilitycompany with a principal address at 9601 S.
Meridian Blvd,Englewood,CO 80112.Id.at 2.Its parent company,DISH Network Corporation
("DISH Network"),is a connectivitycompany headquartered in Colorado and has served in the
pay-tvmarket since 1980.Id.at 3.The Company is registered with the Idaho Secretary of State
as a Foreign Limited LiabilityCompany with a commercial registered agent in Idaho at
Commercial Corporation Service Company 1305 12th Ave Road in Nampa,ID 83686.The
Company states that it provides resold wireless telecommunications services in Idaho and other
states,using the Gen Mobile brand name and other brand names.Id.at 2.
The Company asserts that it seeks an ETC designation status in Idaho so that it can (i)
serve low-income Idaho customers,includingthose residing on Tribal lands,(ii)supplement the
amount of support available to its current ACP customers,and (iii)invite new,underserved
customers to benefit from Lifeline and other federal support programs.The Company asserts
that its Lifeline-supported plans will be offered to prepaid customers under the Gen Mobile
brand,a recognized and trusted provider in this market segment.The Company represents that
the "Gen Mobile prepaid wireless plans are affordable,easy to use,and attractive to low-income
consumers,providing them with connectivitythat has become indispensable to participating in
21st century society and opportunities.Gen Mobile customers can choose from several
affordable prepaid calling plans and handsets and have access to high-quality,responsive
customer service."Id.at 4.
The Company represents that it will provide access to high quality mobile voice,text,and
data services to eligible low-income consumers,includingthose residing on Tribal lands.Id.at
20.Additionally,it's service offering will include a plan with 1,000 voice minutes,1,000 texts,
and 4.5 GB of data available to all qualifying low-income Idaho consumers for no cost,and a
plan with unlimited voice minutes,unlimited texts and 11 GB of data available to residents of
STAFF COMMENTS 2 AUGUST 16,2023
Tribal lands for no cost.Qualified Idaho consumers will have the choice to apply their Lifeline
discount to existing Gen Mobile plans.Id.at 17.
STAFF ANALYSIS
Staff reviewed the Company's Application and analyzed the Company's fulfillment of
the Federal Telecommunications Act of 1996,the FCCs regulations,and Commission Order
No.29841.The specific state and federal requirements for ETC designation are discussed in
more detail as follows:
Public Interest Considerations
Staff applied a two-prong test when analyzing whether a company's ETC Application is
in the public interest.First,Staff determines whether the company contributes to Idaho funds.
Second,Staff analyzes whether the company's Application raises "cream skimming"concerns.
In its Application,the Company specifically requested that its ETC designation include
the authorityto participate in and receive reimbursement from the Idaho Telephone Service
Assistance Program ("ITSAP").Id at 2.The Company requests ETC designation that is
statewide in scope.Id.at 18-19.Therefore,no cream skimming analysis was required.Thus,
Staff believes the Company satisfies the public interest considerations.
Tribal Notification
Pursuant to Commission Order No.35126,an ETC applicant seeking ETC designation
for any part of tribal lands shall provide a copy of its application to the affected tribal
government or tribal regulatory authority,as applicable,at the time it files its application with
the Commission.Evidence of such notification shall be provided to the Commission.On July
28,2023,the Company provided copies of its communications with the various authorities of the
tribal land.See Supplemental to Application.Staff believes that these communications comply
with Commission Order No.35126.
Network ImprovementPlan
The Commission requires a two-year network improvement and progress report from all
ETCs receiving high-cost support.Order No.29841 at 18.However,the Commission
STAFF COMMENTS 3 AUGUST 16,2023
determined in Cricket Communications,Inc.'s ETC Application in Case No.CRI-T-11-01 that a
two-year network improvement plan did not apply to Lifeline-only ETCs.Order No.32501.
In its Universal Service Fund ("USF")and Inter Carrier Compensation ("ICC")'
Transformation Order,the Federal Communications Commission ("FCC")amended 47 C.F.R.§
54.202 to clarify that a common carrier seeking designation as a Lifeline-only ETC is not
required to submit a five-year network improvement plan as part of its application for
designation as an ETC.Lifeline-only ETCs do not receive high-cost funds to improve or extend
networks,therefore the FCC "saw little purpose in requiring such plans as part of the ETC
designation process."2 The Company's Application seeks only low-income USF support as a
Lifeline-only ETC.Thus,Staff agrees that a network improvement plan is not a requirement for
the Company's ETC Application.
Ability to Remain Functional in Emergencies
The Company states that it can remain functional in emergencies per Commission Order
29841 and FCC requirement 47 C.F.R,§54.202(a)(2).Id at 10-11.The Company asserts that it
operates in a cloud-native environment that is not encumbered by traditional technology and will
be more flexible and resilient in the event of service outages.Id.Additionally,the Company
asserts that it will rely on mobile virtual network operator partner networks that are designed to
remain functional even without external power sources,are able to re-route traffic around
damaged facilities,and can manage traffic spikes that may occur in emergency situations."Id at
11.Staff agrees that the Company satisfies this requirement.
Other ETC Designation Requirements
Additional requirements for ETC designation are detailed in Appendix 1 of Order
No.29841 and are discussed in more detail below:
1.Common Carrier Status.AirVoice is a common carrier as defined in U.S.C.Title
47 U.S.C.§153(11).Id.at 6.
ICC is the system of regulated payments in which carriers compensate each other for the origination,transport,andterminationoftelecommunicationstraffic.
2 See Lifeline and Link up Reform and Modernization et al,WC Dkt No.11-41 et al.Report and Order and FurtherNoticeofProposedRulemaking,FCC 12-11 at para 386.
STAFF COMMENTS 4 AUGUST 16,2023
2.Provide Universal Services.The Company will provide all required services and
functionalities as outlined in Section 54.101(a)of the FCC's Rules (47 C.F.R.§
54.101(a)).Id.at 12.
3.Advertising.The Company will advertise the availability and rates for its services
described in the Application through media of general distribution as required by
47 U.S.C.§214(e)(l)(B)and in 47 C.F.R.§54.201(d)(2).Id.at 9.Samples of
the Company's Lifeline advertising are attached to the Application as Exhibit 4.
4.A Commitment to Consumer Protection and Service.The Company commits to
satisfying all such applicable state and federal requirements related to consumer
protection and service quality standards,includingcompliance with the Cellular
Telecommunications and Internet Association's Consumer Code for Wireless
Service as required by 47 C.F.R.§54.202(a)(3).Id.at 10.
5.Description of the Local Usage Plan.The Company will offer a Lifeline service
plan.Exhibit 2.Furthermore,the Company will meet the service standards
outlined in 47 C.F.R.§54.101 (a),includingas such standards are updated going
forward.Id.at 7,17.
STAFF RECOMMENDATION
Based on its review of the Company's Application and all of the additional filings,Staff
believes that the Company demonstrated its commitment to fulfilling the obligations of a
Lifeline-only ETC in Idaho.The Company will provide all universal services supported by the
federal USF throughout its service territory.It has addressed the public interest questions that
accompany an ETC Application.The Company will provide multiplepricing plans,which will
increase consumer choice for low-income telephone services in Idaho.Currently,the
Commission has granted wireless ETCs access to participate in the State's ITSAP program,so
Staff supports allowingthe Company to participate in the ITSAP program.Staff believes that
the Company's Application for designation as an ETC is in the public interest and should be
approvedfor the entire State of Idaho as the service area.
STAFF COMMENTS 5 AUGUST 16,2023
Respectfullysubmitted this 16th day of August 2023.
Michael Duval
Deputy AttorneyGeneral
Technical Staff:Johan Kalala-Kasanda
i:umisc/comments/dwlt23.1mdjk comments
STAFF COMMENTS 6 AUGUST 16,2023
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 16th DAY OF AUGUST 2023,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF,INCASENO.DWL-T-23-01,BY EMAILING A COPY THEREOF,TO THE
FOLLOWING:
THOMAS J LLOYD III ALISON MINEA
ELAM &BURKE PA DISH WIRELESS LLC
PO BOX 1539 110 VERMONT AVE NW STE 450BOISEID83701WASHINGTONDC20005
E-MAIL:[e-mail] E-MAIL:[e-mail]
'SECRETAR
CERTIFICATE OF SERVICE