20180919Comments.pdf

EDWARD JEWELL
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
[phone]
IDAHO BAR NO. 10446
IN THE MATTER OF THE APPLICATION OF
GLOBAL CONNECTION INC. OF AMERICA
DBA STAND UP WIRELESS FOR
DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER
PURSUANT TO 47 U.S.C. $ 214(E)(2).
I-IICIIVED
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Street Address for Express Mail:
472W, WASHINGTON
BOISE, IDAHO 83702-5918
Attorney for the Commission Staff
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
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CASE NO. GLO.T.l8-OI
COMMENTS OF THE
COMMISSION STAFF
STAFF OF the Idaho Public Utilities Commission, by and through its Attorney of
record, Edward Jewell, submits the following comments.
BACKGROUND
On June 20,2018, Global Connection Inc. of America dba STAND UP WIREL
("StandUP Wireless" or "the Company") filed an Application requesting designation as an
eligible telecommunications carrier ("ETC") for the sole purpose of providing Lifeline services
to qualifying consumers in the State of Idaho. The lifeline program is intended to provide more
affordable telecommunications service benefits to eligible low-income customers through the
federal Universal Service Fund ("USF") and the Idaho Telecommunications Service Assistance
Program ("ITSAP"). Idaho participates in the residential Lifeline program pursuant to ldaho
Code $ 56-901. See OrderNo.21713.
1STAFF COMMENTS SEPTEMBER 19,2018
The Application
StandUP Wireless is a Georgia Corporation with its principal place of business in
Norcross, Georgia. Application at 3. StandUP Wireless provides commercial mobile radio
service by using the Sprint Spectrum L.P. and T-Mobile USA networks on a wholesale basis. /d
at 4. StandUP Wireless states thatit will operate throughout Idaho, excluding tribal lands. Id. at
15. StandUP Wireless asserts that it meets the requirements of Section 214(e)(1)t of the federal
Telecommunications Act to be designated as an ETC. Id. at 12-13.
StandUP Wireless asserts it is entitled to ETC designation under 47 U.S.C. $ 214(e)(2),
which authorizes state commissions to designate wireless ETCs. Id. at | 1-13. The Company
asserts that it: (l) is a common carrier; (2) has the financial and technical capability to provide
Lifeline service; (3) commits and is able to provide services supported by federal universal
support mechanisms; (4) will advertise the availability of supported services in a manner
reasonably designed to reach those likely to qualify; (5) commits to provide service throughout
its service area in Idaho; (6) is capable of remaining functional in emergency situations; (7) is
committed to consumer protection and service; (8) will comply with all program uniform
eligibility requirements; and (9) will comply with requirements imposed by this Commission for
ETC status. Id. at 14-25.
The Company further states that granting it ETC designation would promote the public
interest, and fulfill one of the principal goals of the Communications Act of 1934, as amended by
the Telecommunications Act of 1996; to secure lower prices and higher quality services for
consumers and encourage the rapid deployment of new telecommunications technologies to all
citizens, regardless of geographic location or income. Id. at25. Specifically, the Company
contends that ETC designation is in the public interest because: (1) wireless service includes
larger local calling areas (as compared to traditional wireline carriers); (2) mobile telephone
service provides convenience and security for customers; (3) customers can control cost by
receiving a preset amount of monthly airtime and data at no net cost; (4) customers can purchase
additional usage at flexible and affordable amounts in the event that included usage has been
exhausted; (5) customers receive 9111F911 service in accordance with current FCC
requirements; (6) StandUP Wireless has partnered with "Cell Phones for Soldiers" in an effort to
I In December 2011, the FCC amended the list of required services for ETC designation by removing dual tone
signaling, single-party service, and access to operator services, interexchange services, and directory assistance. IN
the Matter of Lifeline and Link Up Reform and Modernization, Report and Order and Further Notice of Proposed
Rulemaking, 27 F.C.C. Rcd. 6656 at fl365 (Feb. 6, 2012).
2STAFF COMMENTS SEPTEMBER 19,2018
expand awareness of the Lifeline program among veterans; and (7) granting ETC status to
StandUP Wireless will increase the number of ETCs in Idaho. Id. at25 -27.
StandUP Wireless's Lifeline Service Offerin gs
StandUP Wireless intends to offer qualified customers one of two Lifeline Service Plans:
(1) Voice Plan; or (2) Broadband Plan. Id. at 5-6. The Voice Plan would provide 750 voice
minutes, unlimited texts, and 100 MB of data. Id. The Broadband Plan would provide 500 voice
minutes, unlimited texts, and 1 GB of data. Id. The Company notes that all of its proposed plans
would enable Lifeline customers the capability of purchasing additional voice minutes andlor
data to supplement their Lifeline plans according to the proposed lifeline offerings. Id. at 5-6.
The Company acknowledges that, under 47 U.S.C. $ 21a(e)(1)(A) of the
Telecommunications Act of 1996, ETCs must offer services, at least in part, utilizing their own
facilities. Id. at 13. The Company seeks to proffer services only through resale of other carriers'
facilities. 1d However, StandUP Wireless invokes the FCC's 2012Lifeline and Link Up
Reform Order.2 The Company states that the FCC granted forbearance to any
telecommunications carrier that seeks Lifeline-only ETC if the ETC complies with certain 911
requirements and the ETC files a compliance plan with the FCC describing the ETC's adherence
to certain protections prescribed by the FCC, and such plan is approved. Application at 13. The
Company attached its approved Compliance Plan as Exhibit 3 to the Application.
StandUP Wireless further asserts that it is not seeking high-cost support for its wireless
service, and therefore qualifies for a waiver of the Commission requirements in Order No. 29841
Section B.1 to provide a two-year network improvement and maintenance plan. The Company
reads this requirement to be based on the receipt of high-cost support. Id. at25.
STAFF ANALYSIS
Staff has reviewed StandUP Wireless's Application along with the FCC-approved
Compliance Plan. Staff has conducted an analysis of the Company's fulfillment of the federal
Telecommunications Act of 1996,the proceedings in FCC 16-38 including the Lifeline and Link
Up Reform and Modernization Order, the Third Report and Order, Further Report and Order,
2 Lifeline and Link Up Reform and Modernization, Lifeline and Link Up, Federal-State Joint Board on (Jniversal
Service, Advancing Broadband Availability Through Digital Literacy Training,2T F.C.C.R. 6656,
aJSTAFF COMMENTS SEPTEMBER I9,2OI8
and Order on Reconsideration, as well as Commission Order No. 29841. Specific state and
federal requirements for ETC designation are discussed in more detail as follows.
Public Interest Considerations
Staff typically applies a two-prong test when analyzingwhether 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 the Company's Application, StandUP Wireless confirmed that upon approval as an
ETC in Idaho, the Company would participate in the appropriate Idaho programs, specifically the
Idaho Lifeline program and the 9-1-1 program and any future reporting requirements deemed
appropriate for competitive telecommunications providers. See Application at 13. The
Company requests ETC designation statewide. Id. at l5-16. Therefore, no cream skimming
analysis is required. Thus, Staff believes StandUP Wireless satisfies the public interest
considerations.
Network Improvement Plan
In the Idaho ETC Designation Order, a two-year network improvement and progress
report is required of all ETCs receiving high-cost support. See Order No. 29841 at 18.
However, the Commission determined in Cricket Communications, Inc.'s ETC Application in
CRI-T-11-01 that a two-year network improvement plan was not applicable to Lifeline-only
ETCs. OrderNo.32501.
In the USF/ICC Transformation Order,3 the FCC amended 47 C.F.R. 5 54.2021o 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."4
StandUP Wireless's Application seeks only low-income USF support as a Lifeline-only ETC.
3 In the Matter of Connect America Fund, A National Broadband Plan for Our Future, Establishing Just and
Reasonable Rates for Local Exchange Carriers, High-Cost Universal Service Support, Developing a Unified
Intercarrier Compensation Regime, Federal-State Joint Board on Universal Service, Lifeline and Link-Up Universal
Service Reform - Mobility Fund, WC Dkt No. l0-90 et al.
a See Lifeline and Link up Reform and Modernization et al, WC Dkt No. I l-41 et al. Report and Order and Further
Notice of Proposed Rulemaking, FCC l2-l I at para 386.
4STAFF COMMENTS SEPTEMBER 19,2018
Thus, Staff agrees that a network improvement plan is not a requirement for StandUP Wireless's
ETC Application.
Ability to Remain Functional in Emergencies
The Company states that it has the ability to remain functional in emergency situations in
accordance with Commission Order 29841 and 47 C.F.R, $ 5a.202(a)(2). Application at 18.
StandUP Wireless asserts that because it is reselling wireless services, the Company is able to
provide the same ability to remain functional in emergency situations as the underlying carriers
provide to its own customers. Namely, the Company asserts that the underlying carrier networks
"have access to a reasonable amount of back-up power to ensure functionality without an
external power source, are able to reroute traffic around damaged facilities, and are capable of
managing traffic spikes resulting from emergency situations." Id. at 18. Staff agrees StandUP
Wireless satisfies this requirement.
Other ETC Designation Requirements
Additional requirements for ETC designation are detailed in Appendix 1 of Order No.
2984I and are discussed in more detail below.
l. Common Carrier Status. StandUP Wireless is a common carrier as defined in U.S.C.
Title 47. Id. at 14.
2. Provide Universal Services. StandUP Wireless will provide all required services and
functionalities as set forth in Section 54.101(a) of the FCC's Rules (47 C.F.R. $
s4.101(a)). Id.
3. Advertising. StandUP Wireless 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. $ 21a(e)(1)(B). Id. at 17.
4. A Commitment to Consumer Protection and Service. StandUP Wireless commits to
satisfying all such applicable state and federal requirements related to consumer
protection and service quality standards, including compliance with the Cellular
Telecommunications and Internet Association's Consumer Code for Wireless Service as
required by 47 C.F.R. $ 5a.202(a)(3). Id. at 19.
5. Description of the Local Usage Plan. StandUP Wireless will offer two Lifeline Service
Plans. Id. at 5-6. Furthermore, the Company will meet the changing minimum service
5STAFF COMMENTS SEPTEMBER 19,2018
standards that will become effective on December 1,2018, as established in the FCC's
2016 Lifeline Modernization Order. Id. at 5.
STAFF RECOMMENDATION
Based on its review of the Company's Application, Staff believes that the Application
demonstrates the Company's commitment to fulfill 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 all of the public interest questions that
accompany an ETC Application; StandUP Wireless's compliance plan has been approved by the
FCC; and it will provide multiple pricing plans, which will increase consumer choice for low-
income telephone service in Idaho. Thus, Staff believes StandUP Wireless's Application for
designation as an ETC is in the public interest and should be approved for the entire state.
Respectfully submitted this l4Yn auyof September 2o I 8
Deputy General
Technical Staff: Daniel Klein
i :umisc:comments/glot I 8. I ejdk comments
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6STAFF COMMENTS SEPTEMBER 19,2018
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS I9TH DAY OF SEPTEMBER 2018,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF, IN
CASE NO. GLO-T-18-01, BY MAILING A COPY THEREOF, POSTAGE PREPAID,
TO THE FOLLOWING:
LANCE JM STEINHART
MANAGING ATTORNEY
1725 WINDWARD CONCOURSE
STE 150
ALPHARETTA GA 3OOO5
E-mail: Isteinharl(0)telecorncour:sel.com
SECRETAR
CERTIFICATE OF SERVICE
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