20230922Final_Order_No_35931.pdf

ORDER NO. 35931 1

Office of the Secretary
Service Date
September 22, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF DISH WIRELESS
L.L.C.’S APPLICATION FOR
DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER IN
THE STATE OF IDAHO FOR THE LIMITED
PURPOSE OF OFFERING LIFELINE
SERVICE TO QUALIFYING CUSTOMERS
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CASE NO. DWL-T-23-01

ORDER NO. 35931

On March 2, 2023, Dish Wireless L.L.C. d/b/a Gen Mobile (“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 also
asked for authorization to participate in and be reimbursed from the Idaho Telephone Service
Assistance Program (“ITSAP”).1
On July 26, 2023, the Commission issued a Notice of Application and set deadlines for
public and Commission Staff (“Staff”) comments and the Company’s reply. Order No. 35863.
Staff submitted comments. No other comments were received.
With this Order, we approve the Company’s Application and grant it limited designation
as an ETC.
BACKGROUND
Under the federal Telecommunications Act of 1996 (“Federal Act”), a carrier designated
as an ETC is eligible to receive federal support from the federal Universal Service Fund (“USF”).2
47 U.S.C. § 214(e). This Commission has the authority, under the Federal Act, to grant ETC
designations within Idaho. 47 U.S.C. § 214(e)(2). Authority for the Commission to designate ETC
status is also provided in Idaho law—the Idaho Telecommunications Act of 1988—and expounded

1 Several supplemental materials related to the Application have been filed in this case; these materials have been
reviewed by Staff.
2 The Federal Communications Commission established the federal USF with the intent to make adequate, efficient
communications available nationwide, at reasonable charges. In the Matter of Lifeline and Link Up Reform and
Modernization, Lifeline and Link Up, Federal-State Joint Board on Universal Service, Advancing Broadband
Availability Through Digital Literacy Training (“Lifeline and Link Up Reform Order”) 27 F.C.C.R. 6656, at 6660-62
(Feb. 6, 2012); 47 U.S.C. § 254(b). Lifeline is a program supported by the USF that provides monthly discounts to
eligible low-income subscribers to maintain access to communications networks. Lifeline and Link Up Reform Order,
27 F.C.C.R. 6656 at 6662-63. Idaho has an analogous state USF program, established in Idaho Code §§ 62-610 and
62-610A-610F, and a Lifeline program known as ITSAP. Idaho Code § 56-901.
ORDER NO. 35931 2

upon in prior Commission orders. See Idaho Code §§ 62-610D(1), 62-615(1); Order No. 29841.
Under this authority, this Commission has granted ETC designations to numerous carriers in Idaho,
including wireless carriers. See, e.g., Order Nos. 32586, 32645, and 34163.
To qualify as an ETC, an applicant must satisfy several requirements established in federal
and state law. See 47 U.S.C. § 214(e); Order No. 29841. The Federal Act requires the applicant to
be a “common carrier,” offering services supported under Section 254(c) of the Federal Act “using
its own facilities or a combination of its own facilities and resale of another carrier’s services,”
unless otherwise granted Federal Communications Commission (“FCC”) forbearance. 47 U.S.C.
§§ 153(11), 214(e)(1)(A), 160(a)(3) (FCC has regulatory flexibility to forbear application where
consistent with public interest). The Federal Act also requires the applicant “advertise the
availability of such services and the charges therefor using media of general distribution.” 47
U.S.C. § 214(e)(1)(B).
Under the Federal Act, state commissions shall determine whether ETC designation is
“consistent with the public interest, convenience, and necessity.” 47 U.S.C. § 214(e)(2). In
evaluating this public interest element, the Commission has generally considered two factors. See
Order No. 33002 at 2-3; Order No. 33226 at 3. First, the Commission evaluates whether the carrier
contributes to state assistance programs such as the ITSAP and the Idaho Telecommunications
Relay Services program consistent with Idaho Code § 61-1301. Second, the Commission considers
if the designation is sought for only part of a rural telephone company’s study area, thus leaving
some (perhaps less profitable) customers without service. Such practice, known as “cream
skimming,” has been determined by the Commission to be contrary to the public interest. Id.
Federal regulations include the following additional requirements, which the Commission
has adopted by reference, in evaluating applications for ETC designation: (1) compliance with
service requirements applicable to support received; (2) submission of a plan for proposed
improvements or upgrades to the network (where applicable); (3) demonstrated ability to remain
functional in emergencies without an external power source; (4) demonstrated willingness to
satisfy consumer protection and service quality standards; (5) financial and technical capability to
provide Lifeline service; and (6) notice to affected Tribes where designation is sought for any part
of Tribal lands. See 47 C.F.R. § 54.202; Order No. 29841 at 5, 16.
For applicants seeking Lifeline-only ETCs, the FCC has waived the requirement to submit
a network improvement and upgrade plan, noting that such ETCs do not receive funds to improve
ORDER NO. 35931 3

or extend their networks. Lifeline and Link Up Reform Order, 27 F.C.C.R. 6656, ¶ 386 (“Lifeline
and Link Up Reform Order”). The Commission—which requires a two-year network improvement
plan and progress report (Order No. 29841 at 18) where applicable—has also waived the
requirement where a Lifeline-only ETC is requested. Order No. 35126 at 3.
APPLICATION
The Company requested designation as an ETC for limited purposes of providing Lifeline
service under the name “Gen Mobile” to qualifying Idaho consumers—including those on
federally recognized Tribal lands. The Company also requested approval to participate in the
ITSAP and receive benefits accordingly.
The Company asserted that it meets all federal and state requirements for designation as an
ETC and indicated it will comply with all regulations the Commission imposes. The Company
also argued that designating the Company as an ETC was in the public interest.
STAFF COMMENTS
Staff reviewed and analyzed the Company’s Application and supplemental filings for
compliance with the Federal Act, FCC regulations, state requirements, and Commission Order No.
29841.
Staff believed the Company’s proposal satisfied public interest considerations. Staff
further believed the Company complied with the tribal notification requirements delineated in
Commission Order No. 35126. Staff noted the Company is not required to have a network
improvement plan because it only seeks lifeline designation. Staff believed the Company will
remain functional in emergencies per Commission Order No. 29841 and FCC requirement 47
C.F.R, § 54.202(a)(2). Last, Staff believed the Company’s Application met the requirements for
ETC designation as delineated in the Appendix to Commission Order No. 29841.
Staff believed the Company’s designation as a limited ETC is in the public interest and its
Application should be approved.
COMMISSION FINDINGS AND DECISION
The Commission has authority to grant ETC designation to a telecommunications carrier
under federal and state law. 47 U.S.C. § 214(e); Idaho Code §§ 62-610D and 62-615(1). The
Commission has considered the record, including the Company’s Application and Staff
Comments. We now make these findings.

ORDER NO. 35931 4

A. Common Carrier, Own Facilities, and Advertising
We first address requirements listed in § 214(e)(1) of the Federal Act. That provision
requires an applicant to be a “common carrier” offering services “using its own facilities or a
combination of its own facilities and resale of another carrier’s services,” unless otherwise granted
FCC forbearance. 47 U.S.C. §§ 153(11), 214(e)(1)(A) and 160(a)(3). The FCC has granted
forbearance from the “own-facilities” requirement to Lifeline-only ETCs provided they comply
with certain 911 requirements and file a compliance plan. Lifeline and Link Up Reform Order. The
Company represented that, as a Lifeline-only ETC, it complied with the Federal Act with the filing
of its December 2012 FCC-approved Compliance Plan. The Company stated its intention to follow
911 requirements governing Lifeline subscribers in accordance with its FCC-approved
Compliance Plan. We find the Company properly complied with the FCC forbearance regarding
the “own facilities” requirement. On the record before us, we find the Company is also a “common
carrier.” See 47 U.S.C. § 153(11).
An applicant seeking ETC designation must also “advertise the availability of such services
and the charges therefor using media of general distribution.” 47 U.S.C. § 214(e)(1)(B). Based on
the record and the Company’s assurances, we find this requirement to also be satisfied.
B. Public Interest and Related ETC Designation Requirements
Under the Federal Act, state commissions shall determine whether granting the requested
ETC designation is “consistent with the public interest, convenience, and necessity.” 47 U.S.C. §
214(e)(2).
First, the Company committed to offering Lifeline services to a wide array of low-income
and unserved and underserved Idaho residents. See 47 C.F.R. § 54.101(d). We find that the
Company’s offering of these services in the service areas promotes the public interest because
these services will assist unserved or underserved people and provide investment in facilities and
equipment in these areas.
We also consider whether the Company would contribute to the appropriate Idaho funds.
Order No. 33002 at 2-3; Order No 33226 at 3. Staff confirmed that the Company would participate
in the appropriate Idaho programs and comply with the Commission’s annual reporting
requirements. We find that the Company’s commitment to participating in the appropriate Idaho
programs advances the public interest.
ORDER NO. 35931 5

Next, we consider whether the Company is engaged in “cream skimming,” which we have
found to be contrary to the public interest. Order No. 33002 at 2-3; Order No. 33226 at 3. Because
the Company requested limited ETC designation for the entire state, no cream-skimming analysis
is required.
We therefore find that granting the Company limited designation as an ETC in its requested
service area—the State of Idaho—satisfies the public interest requirements.
C. Remaining Requirements
Finally, we address the six remaining requirements from federal regulations and Order No.
29841. See 47 C.F.R. § 54.202.
(1) Service Requirements for Support Received. We find the Company has sufficiently
committed to meeting these requirements.
(2) Plan for Proposed Improvements or Upgrades to the Network. The FCC and this
Commission have waived the requirement for Lifeline-only ETCs who seek only low-income USF
support to submit a network improvement plan. See Order No. 32501 at 3-4; 47 C.F.R. §
54.202(a)(1)(ii). We find that the Company is not required to submit a network improvement plan.
(3) Ability to Remain Functional in Emergencies. We find the Company has demonstrated
sufficient compliance with this requirement.
(4) Willingness to Satisfy Consumer Protection and Service Quality Standards. We are
satisfied with the Company’s assurances as to this requirement.
(5) Financial and Technical Capability. Based on the Company’s assurances and
description of its financial and technical qualifications, as well as how it interacts and partners
with its parent company, we also find this requirement to be satisfied.
(6) Notice to Affected Tribes. We find the Company has sufficiently notified and engaged
Tribal authorities. See April 3, 2023, and July 28, 2023, Supplements to the Company’s
Application; 47 C.F.R. § 54.202(c); Order No. 29841 at 16 (superseded in part by Order No. 35126
at 6).
Based on the above findings, we conclude that the Company has satisfied the federal and
state requirements for limited designation as an ETC carrier. We therefore designate the Company
an ETC in the State of Idaho for the purpose of providing Lifeline service to qualifying Idaho
consumers and to participate in and receive reimbursement from the ITSAP.
ORDER NO. 35931 6

O R D E R
IT IS HEREBY ORDERED that the Company’s Application for limited designation as an
ETC in the State of Idaho is approved. Additionally, the Company may participate in the ITSAP.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. Idaho Code § 61-626.
DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 22nd day of
September 2023.

_______________________________________
ERIC ANDERSON, PRESIDENT

_______________________________________
JOHN R. HAMMOND, JR., COMMISSIONER

_______________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

___________________________
Jan Noriyuki
Commission Secretary

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