20230815Comments of the Commission Staff.pdf

MICHAEL DUVAL
DEPUTY ATTORNEY GENERAL A M 0:2 4
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 GO MD USA LLC'S )PETITION FOR DESIGNATION AS AN )CASE NOS.GMD-T-23-01
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 AttorneyGeneral,submits the following
comments.
BACKGROUND
On March 22,2023,GO MD USA LLC d/b/a GO MD USA ("Company")petitioned the
Idaho Public Utilities Commission ("Commission")for designation as an Eligible
Telecommunications Carrier ("ETC")in the State of Idaho.Supplementalmaterials related to
the Petition were filed on April 24,25,and July 27,2023.
The Company requested limited ETC designation-solelyto provide Lifeline service
under the brand name "GO MD USA Mobile"to qualifying Idaho consumers.These qualifying
STAFF COMMENTS 1 AUGUST 15,2023
customers would include those on federally recognized Tribal lands,subject to the service areas
served by the Company's underlyingwireless carriers,AT&T and T-Mobile.
The Company asserted 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.
STAFF ANALYSIS
Staff reviewed the Company's Application.Staff 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 determinedwhether the company contributes to Idaho funds.
Second,Staff analyzed whether the company's Application raises "cream skimming"concerns.
In its Application,the Company confirmed that upon approval as an ETC in Idaho,it will
participate in the appropriate Idaho programs,specifically the Idaho Telephone Service
Assistance Program ("ITSAP")program.See Supplemental to Application.The Company
requests ETC designation that is statewide in scope.Id.at 11.Therefore,no cream skimming
analysis is required.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.The
Company provided copies of the USPS-certified mail that it sent to the authorities of the tribal
land.Staff believes these comply with Commission Order No.35126.
Network ImprovementPlan
STAFF COMMENTS 2 AUGUST 15,2023
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
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.992 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 13.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.
Staff agrees that the Company satisfies this requirement.
Other ETC Designation Requirements
*Intercarrier compensation (ICC)is the system of regulated payments in which carriers compensate each other fortheorigination,transport,and termination of telecommunications traffic.
2 See Lifeline and Link up Reform and Modernization et al,WC Dkt No.11-41 et al.Report and Order and Further
Notice of Proposed Rulemaking,FCC 12-11 at para 386.
STAFF COMMENTS 3 AUGUST 15,2023
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.The Company is a common carrier as defined in
Section 214(e)(1)of the Act and Section 54.201(d)of the FCC's rules Id.at 9;
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 9;
3.Advertising.The Company will advertise the availabilityand rates for its
services described in the Application through media of general distribution as
required by 47 U.S.C.§214(e)(1)(B)and 47 C.F.R.§54.201(d)(2),Id.at l1;
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,including compliance 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 13;and
5.Description of the Local Usage Plan.The Company will offer a Lifeline service
plan.See Exhibit 2.Furthermore,the Company will meet or exceed the
minimum service standards outlined in 47 C.F.R.§54.408,includingas such
standards are updated going forward.Id.at 14 -15.
STAFF RECOMMENDATION
Based on its review of the Company's Application and 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 Idaho Telephone
Service Assistance Program (ITSAP)program,so Staff supports allowing the Company to
participate in the ITSAP program.Staff believes Company's Application for designation as an
STAFF COMMENTS 4 AUGUST 15,2023
ETC is in the public interest and should be approved for the entire State of Idaho as the service
area.
Respectfully submitted this 15th day of August 2023.
Michael Duval
Deputy AttorneyGeneral
Technical Staff:Johan Kalala-Kasanda
i:umisc/comments/gmdC3.lmdjk comments
STAFF COMMENTS 5 AUGUST 15,2023
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 15TH DAY OF AUGUST 2023,
SERVED THE FOREGOING COMMENTS OF THE COMMISSION STAFF TO GO
MD USA,LLC,IN CASE NO.GMD-T-23-01,BY EMAILING A COPY THEREOF,
TO THE FOLLOWING:
APOLLO ARCALLANA MGR
GO MD USA LLC
3385 AIRWAYS BLVD STE 201
MEMPHIS TN 38116
E-MAIL:[e-mail]
SECRETARY
CERTIFICATE OF SERVICE