20180709i-wireless LLC Form 481.pdf

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State of Kentucky
County of Campbell
ilh{: f f VED
) CERTTFICATTON By ELtctBLE TELECOMMUNTCATTONS CARRIER)ss oF coMPLIANcE WITH SERVICE QUALITY AND cUSTSttFg{_iL -9 Pi'j 2: trh) PROTECTTON, ABtLlTy TO REMATN FUNCTTONAL tN
EMERGENCIES, AND USE OF FEDERAL H|GH-COST SUPPORT. . r., i
AFFIDAVIT OF BUSINESS OR CORPORATE OFFICER
. , i ' 1i,I
The ldaho Public Utilities Commission Order No. 29841requires that an Eligible Telecommunications
Carrier (ETC) certify that it is compliant with applicable service quality standards and consumer protection
rules: and ETCs must demonstrate the ability to remain functional in emergencies. ln addition, the
Commission must file an annual certification with the USAC and the FCC that all federal high-cost support
provided to ETCs within the State of ldaho will be used only for the provision, maintenance, and
upgrading of facilities and services for which the support is intended. Accordingly, the undersigned states
and verifres under oath the following:
1. I am an officer of i:yvireless. LLC , an eligible telecommunications carrier for receiving
federal universal service support under section 214(e) of the Telecommunications Act of 1996 in
the state of ldaho.
2. I am familiar with the Company's day-to-day operations in the state of ldaho and with the State's
service quality standards and consumer protection rules as set forth in Commission Order No
29841.
3. r-wireless, LLC is complying with applicable service quality standards and consumer
protection rules of the Federal Communications Commission and the ldaho Public Utilities
Commission.
4. I certify to the Commission that the Company is able to remain functional in emergencies as set
forth in Commission Order No. 298/Jand in 47 C.F.R. $ 54.201(a)(2).
5. I also certify that all federal universal service support funds received by i-wire LLC during
the current calendar year will be used in a manner consistent with section 254(e), that is, for the
provision, maintenance, and upgrading of facilities and services for which the support is intended.
The company will continue to comply for the period of January '1, 2018, through December 31 ,
2018, to be eligible for federal universal service fund support.
6. This verification and affidavit is provided to be the ldaho Public Utilities Commission to enable the
IPUC to certify to the FCC that federal universal service support received by the eligible carriers
in the state will be used in a manner consistent with Section 254(e) of the Telecommunications
Act.
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Date
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SUBSCRIBED AND SWORN to before me this day of
Notary
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My Commission Expires
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Page 1
<010> Study Area Code 419020
<015> Study Area Name I-Wireless, LLC dba Accees Wj.reles6
<020> Program Year 2019
<030> Contact Name: Person USAC should contact
with questions about this data Sam Bailey
<035> Contact
Number
Telephone Number:'ot the person identitied in data line <030>
5135502755 ext
<039> Contact Email Address:
Email ol the person identitied in data line <030>sam. bai 1 eyorwi re 1 esshome . cofi.
Form Type s4.422
Page 1
FCC Form 481
OMB Control No. 3060-0986/OMB Control No. 3060-0819
luly 2018
FCC Form 481 - Carrier Annual Reporting
Data Collection Form
Non-Tribal Legacy
Plan*
Non-Tribal Voice
Bundle**
Non-Tribal
Broadband**Tribal Plan
National Plan Voice Minutes
(non-rollover)750 750 250 Unlimited
Text Unlimited Unlimited Unlimited Unlimited
Data 5OO MB 50 MB 1GB 2GB
Additional Airtime Available with purchase of Top Up Card
Form 481. section L210
i-wireless, LLC's "Access Wireless" Lifeline Rate Plans
* The Legacy Plan is available only to customers enrolled prior to 2/U20L8.
** Plan available beginning 2h/2078
ACCESS WIRELESS TOP UP CARDS***
Non-Tribal Purchased Minutes Text (SMS/MMS)
Tribal Purchased Minutes Text (SMS/MMSI
(Effective December t, 2017l.
Data
$s
s10
Szs
Ses
Sso
55 card
S10 card
S25 card
S35 card
S5o card
Data
Unlimited Unlimited 5OO MB
Unlimited Unlimited 1GB
Unlimited Unlimited 2.5 GB
Unlimited Unlimited 3.5 GB
Unlimited Unlimited 5GB
**+ Validfor30daysfromdateappliedtoaccount,except$Scardisvalidforl0daysfromdateapplied.
Free Data-Capable Device X X X X
Local Calls X X X X
Nationwide Long Dista nce x X X X
Voicemail, Caller lD, Call Waiting x
Free 911 Y X x
Free 611 x X
Balance lnquiries X x X X
Text lncluded x X X x
Data Allowance X X x
Participation in Kroger Wireless
Rewards Program X X X
Retail Pricel n/a n/a nla n/a
Federal Subsidyl 5 9.25 s 9.25 s 9.25 s 34.25
Lifeline Consumer Pricel So So So So
250 Unlimited 250 MB
500 Unlimited 5OO MB
Unlimited Unlimited 1GB
Unlimited Unlimited 2.5 GB
Unlimited Unlimited 4GB
Terms and Conditions
lmportant Service/Product Specific Terms
Effective January 1, 2018
lf you are under the age of 13, your parent or legal guardian must provide written
consent to Access Wireless before you provide personal information to Access
Wireless.
These terms and conditions ("Terms and Conditions"), including our Privacy Policy,
which is expressly incorporated herein, govern your use of the wireless radio
telecommunications services and related services and / or features ("Access Wireless
service" or "Seryice") with your assigned telephone, data and/or messaging number(s).
The term "Phone" means the wireless receiving and transmitting equipment that we
have authorized to be used for Access Wireless service and programmed with the
number and any accessories. The term "airtime card" or "Access Wireless card" or "i-
wireless card" means a prepaid cellular service card. The Service is provided at our
discretion. We can modify or cancel Service, or take corrective action at any time
without prior notice and for any reason, including, but not limited to, your violation of any
of these Terms and Conditions. We may change or update these Terms and Conditions,
including pricing, from time to time. The Terms and Conditions will be updated on the
Access Wireless website, acesswireless.com, and you agree that your continued use of
the Service will be governed by any updates and by the Terms and Conditions as
modified by those updates. While we will generally send you a text message notifying
you of material updates to the Terms and Conditions, you should check the Access
Wireless website for the most recent pricing and Terms and Conditions. These Terms
and Conditions supersede all oral or written communications and understandings
between you and Access Wireless with respect to our products and Services and the
terms under which they are offered and provided to you.
IF YOU BUY THE PHONE OR USE THE SERVICE, YOU ARE DEEMED TO
CONSENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH
THESE TERMS AND CONDITIONS OR DO NOT AGREE TO ANY UPDATED TERMS
AND CONDITIONS, DO NOT USE THE PHONE OR SERVICE FOLLOWING THE
UPDATE AND NOTIFY US IMMEDIATELY TO CANCEL SERVICE. IF YOU NOTIFY
US THAT YOU DO NOT AGREE TO AN UPDATE, YOU WILL NOT BE PERMITTED
TO ADD FUNDS, ADDITIONAL UNITS OR AIRTIME TO YOUR ACCOUNT AND
YOUR SERVICE WILL BE CANCELLED EFFECTIVE UPON YOUR ACCOUNT
BALANCE REACHING ZERO. CANCELLATION OF YOUR SERVICE, AND ANY
APPLICABLE REFUND SPECIFIED IN THIS PARAGRAPH IS YOUR ONLY REMEDY
IN THE EVENT YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR
ANY UPDATE TO THEM.
These terms are subject to the Access Wireless General Terms and Conditions. Prices,
rates, offers and programs are subject to change without notice subject to any
applicable federal and state rules and regulations, and may not be available with all
devices or in all markets/retail locations, or combinable with promotions/options.
It4onthly service charges are not refunded or prorated if service is terminated or
modified before your next payment date. Unused monthly service allotments, including,
but not limited to, plan minutes, messages or data allotments, expire at the end of each
monthly plan period or when a customer switches service plans and do not carry
forward. Partial minutes of use are rounded up to the next whole minute.
Nature of Our Service. Access Wireless is brought to you by i-wireless LLC on the
Sprint-owned network. Access Wireless offers both a monthly service offering and a
Lifeline Assistance program supported by the federal Universal Service Fund program
("Lifeline Assistance"). Specific terms for each service are contained within, following
the General Terms & Conditions of Service.
General Terms & Conditions of Service
Basic Definitions
ln this document: (1) "we," "us," "our" and "Access Wireless" mean i-wireless LLC; (2)
"you," "your," "customer," and "user" mean an account holder or user with us; (3)
"Device" means any phone, airtime card, mobile broadband device, any other device,
accessory, or other product that we provide you, we sell to you, or is active on your
account with us; (4) "Service" means our offers, rate or service plans, options, wireless
services, billing services, applications, programs, products or Devices on your account
with us. "Service(s)" also includes any other product or service that we offer or provide
to you that reference these General Terms and Conditions of Service ("T&C's").
The Service Agreement
These T&C's are part of your service agreement with us (the "Agreement") and
constitute a contract under which we provide you Services under terms and conditions
that you accept. THIS CONTRACT CONTAINS A MANDATORY ARBITRATION
PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER
PROVISION, AND A JURY WAIVER PROVISION. ln addition to these T&C's, there are
several parts of the Agreement, which includes but is not limited to the following: (i) the
subscriber agreement or transaction materials that you sign or accept; (ii) the plan(s)
that you choose as set forth in our written services and transaction materials that we
provide or refer you to during the sales transaction (if your service plan is not
specifically set forth in any in-store brochure or printed materials, the requirements and
terms set forth in the current Agreement and transaction materials apply, excluding
service plan features such as pricing or minute, message and data allocation); (iii) any
confirmation materials that we may provide to you; and (iv) the terms set forth in the
coverage map brochures. !t is important that you carefully read all of the terms of
the Agreement.
Additional Terms
Additional terms will apply when you use certain applications, programs, Devices, and
service, and these terms may come from Access Wireless or a third party. You are
subject to any terms provided by the third party, and the terms are directly between you
and that third party. Access Wireless is not responsible for these third-party items andassociated terms.
Our Policies
Services are subject to our business policies, practices, and procedures ("Policies").
You agree to adhere to all of our Policies when you use our Services. Our Policies are
subject to change at any time with or without notice.
When You Accept The Agreement
You must have the legal capacity to accept the Agreement. When you accept the
Agreement, you promise that you are at least 18 years old and meet the eligibility
standards. You accept the Agreement when you do any of the following: (a) accept the
Agreement through any printed, oral or electronic statement, for example, on the Web
by electronically marking that you have reviewed and accepted; (b) activate a Device;
(c) attempt to or in any way use the Services; or (d) open any package or start any
program that says you are accepting the Agreement when doing so. lf you do not want
to accept the Agreement, do not do any of these things.
Service Activation
To activate the Service, you must activate your Access Wireless Device. To establish
an account balance, pay subscription charges or make any other appropriate payments,
follow the instructions provided with the equipment; at www.accesswireless.com; or
through Access Wireless Customer Care.
Our Right to Change the Agreement and Your Related Rights
We may change any part of the Agreement at any time, including, but not limited
to, rates, charges, how we calculate charges, discounts, coverage, technologies
used to provide services, or your terms of Service. We will provide you notice of
material changes - and we may provide you notice of non-material changes - in a
manner consistent with this Agreement (see "Providing Notice to Each Other
Under the Agreement" section). lf you continue to access or use our Services or
increase your account balance on or after the effective date of a change, you accept the
change. Do not access or use our Services after the effective date of the change if you
decide to reject the change and terminate Service. You will not be entitled to any credit
for the unused portion of your account balance if you decide to terminate Service in
response to a change to the Agreement.
Our Right to Suspend or Terminate Services
We can, without notice, suspend or terminate any Service at any time for any
reason. For example, we can suspend or terminate any Service for the following: (a)
failure to have or maintain an appropriate account balance for applicable charges; (b)
harassing/threatening/abusing/offending our employees or agents; (c) providing false or
inaccurate information; (d) interfering with our operations; (e) using/suspicion of using
Services in any manner restricted by or inconsistent with the Agreement and Policies; (f)
breaching, failing to follow, or abusing the Agreement or Policies; (g) modifying a Device
from its manufacturer specifications (for example, rooting the device); or (h) if we
believe the action protects our interests, any customer's interest, or our networks.
Your Right To Change Services & When Changes Are Effective
The account holder can typically change Services upon request. ln some instances,
changes may be conditioned on device type, coverage requirements or payment of
certain charges. The effective date of any changes will depend on our Policies, the old
Services, and the requested Services. Rate plan changes are effective on the next
service anniversary date. We will not credit or refund any subscription or other changes
as a result of a change in Services. We may-but are not obligated to provide you the
opportunity to authorize someone else to make changes to your Services. You are
responsible for any changes to your Services made by you, a person you authorize, or
any person able to authenticate the account and those changes will be treated as
modifications to this Agreement.
Cancellation. You are free to cancel Service at any time. After your first use, however,
you will receive no refunds on any equipment, including Phones or any unused funds in
your account. Monthly Service Fees are non-refundable. You may cancel your account
or change your rate plan by visiting accesswireless.com or by dialing 611 from your
Phone. Your phone number will be reclaimed as soon as 60 days from the last date that
funds were added to your account.
Restrictions on Using Services
You cannot use our Services: (a) in a way that could cause damage or adversely affect
any of our other customers or our reputation, networks, property or Services; (b) in any
way prohibited by the Terms of our Services, the Agreement, or our Policies. You
cannot in any manner resell the Service to another party. For additional restriction on
the use of our Services, see our Prohibited Network Use policy which is available on our
website, and the detailed plan or other information on Services that we provide or refer
you to during the application or sales process.
Your Device, Number & EmailAddress
We do not manufacture any Device we might sell to you or that is associated with our
Services, and we are not responsible for any defects, acts or omissions of the
manufacturer. The only warranties on your Device are the limited warranties given
to you by the manufacturer directly or that we pass through. Device performance
may vary based on device specifications (for example, a device's software,
memory, and storage), and device performance may impact access to all of our
Services. This Device is sold exclusively for use with our Service and in other coverage
areas that we may make available to you. Your Device is subject to our Device
Unlocking Policy posted on our website; devices (even if unlocked) that work on Access
Wireless' network may not be compatible with other carriers' networks due to the use of
different frequencies and technologies to provide wireless network access. You have
no-and cannot gain any (for example, through publication, use, etc.) -proprietary
ownership, or other rights to any phone number, identification number, email address,
or other identifier that we assign to you, your Device or your account. We will notify you
if we decide to change or reassign them.
Porting/Transferring a Phone Number
We do not guarantee that number transfers to or from us will be successful. lf you
authorize another carrier to transfer a number away from us, then that is considered a
request by you to us to terminate all of the Services associated with that number.
Coverage; Where Your Device Will Work; Service Speeds
Our coverage maps are available on our website
at https://www.accesswireless.com/supporUcoveraqe-map. The specific network
coverage you get will depend on the radio transmissions your Device can pick up and
Services that you've chosen. Our coverage maps provide high-level estimates of
our coverage areas when using Services outdoors under optimal conditions.
Coverage is not available everywhere. Coverage and Service speeds may depend
on the Service purchased. Actual speeds will vary. Estimating wireless coverage,
signal strength, and Service speed is not an exact science. There are gaps in
coverage within our estimated coverage areas that -along with other factors both
within and beyond our control (for example, network problems, network or
lnternet congestion, software, signal strength, your Device, structures, buildings,
weather, geography, topography, server speeds of the websites you access,
actions of third parties, etc.) -may result in dropped or blocked connections,
slower Service speeds, or otherwise impact the quality of Service. Services that
rely on location information such as E911 and GPS Navigation, depend on your
Device's ability to acquire satellite (typically not available indoors) and network
coverage. While your Device is receiving a software update, you may be unable to use
your Device in any manner until the software update is complete.
About Data Services & Content
Our data Services and your Device may allow you to access the lnternet, text, pictures,
video, games, graphics, music, email, applications, sound and other materials ("Data
Content") or send Data Content elsewhere. Some Data Content is available from our
vendors, or us while other Data Content can be accessed from others (for example,
third party websites, games, ringers, applications, etc.). We make absolutely no
guarantees about the Data Content that you access on your Device. Data Gontent may
be: (1) unsuitable for children/minors; (21 unreliable or inaccurate; or (3)
offensive, indecent, or objectionable. You are solely responsible for evaluating
the Data Content accessed by you or anyone through your Services. We strongly
recommend that you monitor your data usage by children/minors. Data Content
from third parties may also harm your Device or its software. We are not responsible for
any Data Content. We are not responsible for any damage caused by any Data Content
that you access through your Services, that you load on your Device, or that you
request that our representatives access or load on your Device. To protect our networks
and Services or for other reasons, we may place restrictions on accessing certain Data
Specific Terms & Restrictions On Using Data Services
ln addition to the rules for using all of our other Services, unless we identify the Service
or Device that you have selected as specifically intended for that purpose (for example,
wireless routers, Data Link, etc.), you may not use our data Services: (1)with server
devices or host computer applications, or other systems that drive continuous, heavy
traffic or data sessions; (2) as a substitute or backup for private lines or frame relay
connections; or (3) for any other unintended use as we determine in our sole discretion.
We reserve the right to limit, suspend, or constrain any heavy, continuous data usage
that adversely impacts our networks' performance or hinders access to our networks. lf
your Services include Web or data access, you also can't use your Device as a modem
for computers or other equipment, unless we identify the Service or Device you have
selected as specifically intended for that purpose (for example, with "phone as modem"
plans, broadband internet access service, mobile broadband card plans, wireless router
plans, etc.).
Software License
lf Access Wireless provides you software as part of the Service and there are not
software license terms provided with the software (by Access Wireless or by a third
party), then Access Wireless grants you a limited, revocable, non-exclusive, non-
transferable license to use the software to access the Services for your own individual
use. You may not sell, resell, transfer, copy, translate, publish, create derivative works
of, make any commercial use of, modify, reverse engineer, decompile, or disassemble
the software. Access Wireless may revoke this license at any time.
PREINSTALLED APPLICATIONS: We have preinstalled certain applications on select
Devices, including but not limited to: (1) an Ad Moments Library/Lock Screen tool, (2) a
Search Widget, and (3) an App Recommendation Engine. Access Wireless licenses
these applications from third-party application developers, and they may be updated or
modified at any time. Based on your interaction with these applications, Access
Wireless may provide you with rewards, including free top-ups of voice minutes, text
messages, or data; promotions and discounts; or other benefits. The following additional
terms apply to these applications:
Ad Moments Library/Lock Screen: the Ad Moments Library/Lock Screen tool will
enable you to receive and interact with advertising and other content after unlocking the
Content (such as certain websites, applications, etc.); impose separate charges; limit
throughput or the amount of data that you can transfer; or othenlr,rise limit or terminate
Services. lf we provide you storage for Data Content that you have purchased, then we
may delete the Data Content without notice or place restrictions/limits on the use of
storage areas. Data Content stored on a Device, transmitted over our networks, or
stored by Access Wireless may be deleted modified, or damaged. You may not be able
to make or receive voice calls while using data Services. Data Content provided by our
vendors or third parties is subject to cancellation or termination at any time without
notice to you and you may not receive a refund for any unused portion of the Data
Content.
lock screen of your Android Device. Access Wireless and the respective third-party
application developers may collect, use, and share your Personal lnformation-
including but not limited to your location, device identifiers, and usage information,
including your activity on the lock screen-in connection with the Access Wireless Ad
Moments Library/Lock Screen tool, as permitted by applicable federal law. You must
opt-in to this service for it to function, which you may do or have done when enrolling in
service, and if you opt-in, you may opt-out at any time. However, if you opt-out, you may
still receive generic advertisements on your lock screen. You will not be able to delete
the Ad Moments Library functionality from your Device. For more information, please
review our Privacy Policy on our website.
Search Widget: the Search Widget enables you to search for lnternet content from the
home screen of your Android phone. With your consent, the Search Widget may collect
your location information in order to provide you with localized search results. The
Search Widget may also collect device and connection information, as well as the
searches you conduct, in order to deliver your search results and perform analytics.
Your searches will be displayed on an Access Wireless branded search results page.
You may not delete or replace the Search Widget, but you are not required to use it. For
more information, please review our Privacy Policy on our website.
App Recommendation Engine: the App Recommendation Engine provides you with a
list of recommended applications from the Google Play store. These recommendations
are determined based on your Device. When you select a recommended app from the
App Recommendation Engine, you will be directed to the Google Play store for
download. Remember: when downloading third-party applications, the terms,
conditions, and privacy policies of the third-party applications will apply, and not Access
Wireless' terms and conditions and privacy policy. For more information, please review
our Privacy Policy on our website.
Fees, Activation, & Miscellaneous Charges
Based on our Policies, we may charge activation, prepayment, reactivation, program, or
other fees to establish, change, or maintain Services. Certain transactions may also be
subject to a charge (for example, convenience payment, changing phone numbers,
handset upgrades, etc.). You will be provided notice of these types of fees before we
complete the requested transaction.
Usage Charges
The types of charges that you incur will vary depending on the Service used and your
service plan. You are responsible for the Services on your account and associated
charges, including charges made by a person you permit to have direct or
indirect access to your device even if you did not authorize its use. Charges may
include, but are not limited to, prepayment for service charges; charges for additional
services; and taxes, surcharges, and fees associated with your Services. For the actual
usage charges applicable to your Service, see the detailed plan or other information we
provide or refer you to during the application or sales process or on our website.
Depending on your Services, charges for additional services may include operator and
directory assistance, voicemail, call fonararding, data calls, texts, and Web access. lf you
(the account holder) allow end users to access or use your Device, you authorize end
users to access, download, and use Services. You will generally be charged for use of
Services before or at the time of use in accordance with your service plan. ln certain
instances, we may charge at some point after you use the Service. Rates that vary
based on the time of access will be determined based on the location of the network
equipment providing service and not the location of your device or your device's area
code (if applicable). Charges are generally deducted from your account balance (for
example, pay-per-use charges, subscription charges, etc.), though in some instances
you may be able to pay for certain Services through a credit card, debit card, or other
payment method. lf you have incurred charges or fees that were not charged prior to
your account balance reaching a zero balance, we may deduct these outstanding,
unpaid charges and fees from any subsequent amounts you add to your account
balance. You may not attempt to add money to your account using a debit or credit card
more than one time within a 30-minute period.
Types Of Charges
We typically assess the following types of charges: (1) "pay-per-use charges," which are
charges assessed each time a Service is used; (2) "subscription charges," which are
charges that allow you access to a Service or provide you a certain amount of use of a
Service for a defined period of time. Subscription charges for services end at 12:01 am
system time, on the last day of your subscription period. Also, depending on your
Service, certain types of subscription charges may be assessed automatically upon
activation and automatically assessed for subsequent subscription periods; and (3)
"download charges," which are charges assessed when you download or access
content, which we collect on behalf of ourselves or third-party content providers.
Activation & Miscellaneous Charges. Access Wireless charges a $39 account
Activation Fee (California customers only) which is billed to your Account at activation
but credited back to the account upon approval of eligibility for California Lifeline
service. We may also charge prepayment, reactivation, program, or other fees to
establish, change, or maintain Services. Certain transactions may also be subject to a
charge (for example, convenience payment, changing phone numbers, handset
upgrades, etc.). You will be provided notice of these types of fees before we complete
the requested transaction.
One Time Device Purchase Credit. lf you purchased your i-wireless or Access
Wireless handset or participated in the Bring Your Own Sprint Device (BYOSD)
program, you may be eligible for a one-time device purchase credit. The onetime credit
is at the discretion of i-wireless and will be applied to your i-wireless or Access Wireless
account at the time of activation.
Adding Funds to Your Account. You must add money to create a cash balance in
your Access Wireless account to pay for monthly plan options, data services (e.9. third-
party content) or for wireless. Funds can be added using one of Access Wireless'
Payment methods (credit, debit, PIN or Airtime/Top-Up card). A minimum of
$20ltransaction is required when using a credit or debit card. Customers can add a
maximum of $10O/transaction to their accounts in a single transaction to theiraccounts
and up and until the customers total account balance exceeds $100. Funds cannot be
used for any other wireless service. Adding funds through Access Wireless customer
service may result in processing fees. State and local sales taxes and fees may apply
when adding funds to your account.
Payments & Chargebacks. Your payment date (when applicable) is the date you
subscribe to one of our paid-for plans. We will first attempt to deduct payment for
monthly services from your account balance and then will apply the charge to any
registered payment method on file with Access Wireless. We reserve the right to
suspend service for up to 30 days if a credit card or debit card charge we deem
authorized for your account is disputed. lf a chargeback is not resolved/reversed at the
end of the 30-day period, the account will be deactivated and remaining funds in the
account will be lost. We may terminate service for multiple chargebacks or require that
funds be added solely by Top-Up.
How We Calculate Your Charges
Regular Voice Calls: We round up partial minutes of use to the next full minute. Time
starts when you press "Talk" or your Device connects to the network and stops when
you press "End" or the network connection othenarise breaks. You are charged for all
calls that connect, even to answering machines, voicemail, or voice transcription
services. You will not be charged for unanswered calls or if you get a busy signal. For
incoming calls answered, you're charged from the time shortly before the Device starts
ringing until you press "End" or the network connection othenruise breaks. You are
charged for the entire call based on the rate that applies to the time period in which the
call starts. However, the types of charges actually deducted from your account balance
will vary depending on your Service. Call time data displayed on your device may be
inaccurate and may not be relied upon for determining charges to your account. Calls
are limited to two hours. The call will automatically terminate after two hours.
Messaging (text, picture, video, email and lM): Domestic and international rates are
subject to change. Standard message rates are charged when a message is sent or
received, whether read or unread, viewed or unviewed, solicited or unsolicited.
lnternational: lnternational calls are charged at the per-minute rate for the country being
called plus your standard airtime rate. lnternational long-distance rates vary & are
subject to change without notice. (Visit krogeriwireless.com for current rate
information.)
Preventing Unwanted Text Messages. lf you are receiving unwanted text messages,
contact the source and unsubscribe or remove your phone number from the texting
service. Even if you elect not to receive text messages, you may still receive service
and other alerts from i-wireless or its authorized agents. You hereby consent to
receiving advertising, other service alerts or other broadcast messages from i-wireless
or its authorized agents. You will not be charged for alerts. lf you elect to prevent the
receipt of text messages, and you subsequently sign up for an alert from any other
source, you must first change your text messaging settings to permit the receipt of alerts
and all text messages.
Sending Unsolicited Messages. lf you intentionally send unsolicited messages from
your i-wireless Phone or if your Phone is being used as a conduit to send unsolicited
messages, we may terminate your Service without further notice.
Data Usage: Depending on your Service, you may be charged for data usage. Unless
we specifically tell you othenruise, data usage is measured in bytes, kilobytes,
megabytes, and gigabytes-not in minutes/time. 1024 bytes equal 1 kilobyte ("KB'),
1024 KB equals 1 megabyte, and 1024 megabytes equals 1 gigabyte. Bytes are
rounded up to KB, so you will be charged at least 1 KB for each data usage session
("data session"). Rounding occurs at the end of each data session and sometimes
during a data session. Depending on your data Services, usage may be charged
against an allowance or on a fixed price per KB, and you may be subject to limitations
on the amount of data usage. lf you are charged on a fixed price per KB, any fractional
cents will be rounded up to the next cent. You are charged for all data directed to your
Device's lnternet address, including data sessions you did not initiate and for
incomplete transfers. As long as your Device is connected to our data networks, you
may incur data charges. Examples of data for which you will be charged includes the
size of a requested file or Data Content (game, ringer, etc.); Web page graphics (logos,
pictures, banners, advertisement, etc.); additional data used in accessing, transporting,
and routing the file on our network; data from partial or interrupted downloads; re-sent
data; and data associated with unsuccessful attempts to reach websites or use
applications. These data charges are in addition to any charges for the Data Content
itself (game, ringer, etc.). Data used and charged to you will vary widely, even between
identical actions or data sessions. Estimates of data usage-for example, the size of
downloadable files-are not reliable predictors of actual usage.
Third Party Products and Services: Access Wireless devices provide the ability to
purchase from Third Parties (not Access Wireless) mobile apps and other digital
contenVservices, tangible goods, and to make donations. Payments for purchased
mobile content are deducted from the account balance and charges display in the online
account. You can block the ability to make purchases at no cost by calling Customer
Care. Local phone numbers may not be available in certain markets. Additional fees
may apply for phone number or equipment change requests processed by customer
service. You can request to change your phone number one time per day and up to
three times each year. You may check your balance at any time free of charge online at
accesswireless.com or from your mobile phone. Your account history is available online
for 60 days unless you switch service options.
Prohibited Network Uses. To ensure that all customers have access to reliable
services provided at a reasonable cost, you may not use our service in a manner that
interferes with another Access Wireless customer's use of our service or
disproportionally impacts Access Wireless network resources. Access Wireless
GPS Navigation: Environment may limit GPS location information.
reserves the right, without notice or limitation, to terminate individual calls, or after
providing notice to you, offer you a different service plan with no unlimited usage
components, limit data throughput speeds or quantities, or deny, terminate, end, modify,
disconnect or suspend your service, or decline to renew your service, if you engage in
any of the prohibited voice or data uses detailed below or if Access Wireless, in its sole
discretion, determines action is necessary to protect its wireless networks from harm or
degradation. Examples of Prohibited Voice Uses: Access Wireless voice services
are provided solely for live dialogue between, and initiated by, two individuals for
personal use & as otherurrise described in this policy. Access Wireless voice services
may not be used for any other commercial purposes including, but not limited to,
conference calling, monitoring services, data transmissions, transmission of broadcasts,
transmission of recorded material, interconnection to other networks, telemarketing,
autodialed calls, other commercial uses, or other connections that do not consist of
uninterrupted live dialogue between two individuals. Examples of Prohibited Data
Uses: Access Wireless data services are provided solely for purposes of web
browsing, messaging, and similar data activities. You may not use the data service: (1)
with seryer devices or host computer applications or other systems that drive
continuous heavy traffic or data sessions, including, but not limited to, disproportionate
web camera posts or broadcasts, automatic data feeds, automated machine-to-machine
connections, peer-to-peer (P2P) file-sharing applications broadcast to multiple servers
or recipients such that they could enable "bots" or similar routines; (2) as a substitute or
backup for private lines or frame relay connections; (3) to send or receive unusually
high numbers of messages; (a) to engage in atypical web usage behaviors; (5) for any
activity that adversely affects the ability of other people or systems to use either our
wireless services or other parties' lnternet-based resources; and (6) for any other
reason that, in our sole discretion, harms our network.
UNLIMITED USE PLANS. Unlimited does not mean unreasonable use. lf you
subscribe to rate plans, services or features that are described as unlimited, you should
be aware that such "unlimited" plans are subject to these Access Wireless Prohibited
Network Uses and Access Wireless General Terms and Conditions.
Network Management and Performance: Access Wireless telecommunication
services are provided on the Sprint network. For important information on Sprint's
network management tools, policies and other related information, please visit
vwvw.sprint.com.
Taxes & Government Fees
You agree to pay all applicable federal, state, and local taxes, fees, surcharges and
other assessments that we are required by law to charge, collect and remit to
governmental agencies on the Services we provide to you. These charges may change
from time to time without advance notice. Access Wireless charges and collects sales
tax on all direct top-up transactions and, in certain jurisdictions, surcharges or regulatory
fees, if applicable. Third party retailers are responsible for charging and collecting sales
taxes, surcharges and regulatory fees, if applicable, for top-up transactions that occur
through such third party retailers. Taxes, fees and surcharges are subject to change
without notice.
Surcharges
When imposed, unless prohibited by applicable law or agreement, you agree to pay all
surcharges ("Surcharges"), which may include, but are not limited to: Federal Universal
Service; various regulatory charges; Access Wireless administrative charges; gross
receipts charges and certain other taxes imposed upon Access Wireless; or charges for
the costs that we incur and pass along to you. Surcharges are not taxes, and we are
not required to assess them by law. They are charges we choose to collect from
you, are part of our rates, and are kept by us in whole or in part. The number and
type of Surcharges will be provided and may vary depending upon the location of
the transaction or the primary account address of the payment method or Device
and can change over time. We determine the rate for these charges, and these
amounts are subject to change as are the components used to calculate these
amounts. We will provide you notice of any changes to Surcharges in a manner
consistent with this Agreement (see "Providing Notice To Each Other Under TheAgreement" section).
However, since some Surcharges are based on amounts set by the government or
based on government formulas, it will not always be possible to provide advance notice
of new Surcharges or changes in the amount of existing Surcharges. lnformation on
Surcharges is provided during the sales transaction and is available on our website.
Disputing Charges
Any dispute to a charge that we assess you must be made in writing within 60 days of
the date we deduct the charge from your account balance. You accept all charges not
properly disputed within the above time period.
About Account Balances
To keep your account active and avoid service interruption, you must either maintain a
positive account balance at all times, or pay any applicable subscription charges
(depending on your service plan). Account balances are not transferable, redeemable
for cash, or refundable. Charges are deducted from either your account balance or you
may be able to pay for certain services with a credit card or debit card. There may be
limits on your account administration, for example account balance, number change,
and device changes. See the detailed plan or other information we provide or refer you
to during the sales transaction for the account status rules that apply to your Service.
For additional requirement on the Access Wireless Lifeline Assistance Program, please
refer to "Account Activity Requirement" section in the Access Wireless Lifeline
Assistance Program specific Terms & Conditions.
No Refunds of Airtime Cards, Top-Ups or Monthly Charges: We are not
responsible for, nor do we refund, lost, stolen, misused, or damaged airtime cards. We
do not accept returns of or provide refunds for Airtime cards. Airtime cards must be
applied to your account within the time specified on the card. All airtime purchases sales
are final and non-refundable regardless of who uses or possesses your mobile phone or
device after you purchase services, and regardless of whether the mobile phone or
device is used with your consent or knowledge.
Establishing or Replenishing Account Balances
lnformation on how you can establish and maintain an account balance will be provided
at activation and is also available at www.accesswireless.com or through Access
Wireless Customer Care. The replenishment methods available to you will depend on
the terms of your Services. A fee may apply to certain replenishment methods. Some
service plans may provide for automatic account balance replenishment through, for
example, automatic billing to a credit card or debit card or automatic debit from an
eligible account with a financial institution. Payment through these methods may be
subject to limitations, including, but not limited to, the number of times an account may
be debited or charged in a particular time period; the amount that may be debited or
charged from an account; or other limitations imposed by us or the financial institution
that holds the account. Auto Refill: You, the Customer, authorize Access Wireless to
on a recurring basis, automatically charge the debit or credit card you specified for
payments due on the Access Wireless account number you specified at the time of Auto
Refill enrollment. These recurring charges and all other charges to your account are
non-refundable. You will be automatically charges for any monthly recurring charges or
add-ons, plus any applicable sales and local taxes, every month on your payment due
date. Charges may vary each month based on your service subscription selection. You
may check your payment due date, modify or cancel your Auto Refill preferences at any
time by accessing your account via our website. There is a limit of three crediUdebit
card transactions per phone in a 30-day period. Access Wireless customers are noteligible for the i-wireless All-ln rate plan options.
Account History
Your account history for the previous 60 days will be available online
at www.accesswireless.com unless you switch service options, in which case your
account history for your new service option will be available online for a period of up to
60 days following the date of your switch. You may request a printed statement
detailing 60 days of account history by sending a written request to: Access Wireless,
Attn: Account History, 1 Levee Way, Suite 3104, Newport, KY 41017.
Protecting Our Networks & Services
We can take any action to: (1) protect our networks, our rights and interests, or the
rights of others; or (2) optimize or improve the overall use of our networks and Services.
Some of these actions may interrupt or prevent legitimate communications and usage-
for example, message filtering/blocking software to prevent spam or viruses; limiting
throughput; limiting access to certain websites, applications or other Data Content;
prohibitions on unintended uses (for example, use as a dedicated line or use as a
monitoring service); etc. For additional information on what we do to protect our
customers, networks, Services and equipment, see our Terms of Use Policy on our
website.
Calls to Customer Care
Use of the Service includes a reasonable number of calls to our customer care
department for inquiries concerning usage, billing, or technical problems. We reserve
the right to determine that the number of calls or the requests made to our customer
care department are excessive and a violation of these Terms and Conditions.
Device Information
Most Access Wireless handsets come with a limited warranty. lf you encounter a
problem with your device, subscribers should call 1-866-594-3644 to see if their handset
qualifies for the limited warranty. Please note that handset warranties are not
transferable from one customer to another. Access Wireless does not support
warranties for any devices that were not purchased through Access Wireless or an
authorized Access Wireless retail location.
New Device Warranty. Every new Access Wireless device purchased directly from
Access Wireless comes with a limited 1-year manufacturer's warranty. lf your device
experiences a manufacturing defect within 1-year of the purchase date, please contact
Customer Care at 1-866-594-3644 for detailed instructions on how to properly process
your warranty, if applicable. NOTE: Manufacturing defects are malfunctions that occur
to the device from no fault of the owner. Damage that is NOT considered defective
includes, but is not limited to: Cracks on or damage to the handset case indicating that
the handset has been dropped; Damage indicating that the handset has been exposed
to liquid; LCD damage such that the handset screen has cracks or blue spots; Handsets
that have been modified or tampered with, aka "Jailbreaking." Devices purchased
directly from Access Wireless can be returned within 14 days of purchase. Customer
may return the complete undamaged device, in its original packaging and all of it's
components with its original receipt.
Reconditioned Device Warranty. Most reconditioned Access Wireless devices come
with a limited 60-day manufacturer's warranty. lf your device experiences a
manufacturing defect within 60-days of the purchase date, and is covered by a
manufacturer's warranty, we will fix or replace that device with another reconditioned
handset of the same model or similar device, chosen at Access Wireless' discretion, if
the original model is not available. Manufacture defects are malfunctions that occur to
the device from no fault of the owner. Damage that is NOT considered defective
includes, but is not limited to: Cracks on or damage to the handset case indicating that
the handset has been dropped; Damage indicating that the handset has been exposed
to liquid; LCD damage such that the handset screen has cracks or blue spots; Handsets
that have been modified or tampered with, aka "Jailbreaking." Devices purchased
directly from Access Wireless can be returned within 14 days of purchase. Customer
may return the complete undamaged device, in its original packaging and all of it's
components with its original receipt.
Devices Purchased on accesswireless.com. Devices that are ordered from
https://shop.accesswireless.com are sold through a third party and are subject to the
terms and conditions
Cond.html.
available at https://shop.accesswireless.com/Terms-and-
Lost or Stolen Device. Contact Access Wireless Customer Care immediately if your
Device is lost or stolen because you may be responsible for usage charges before you
notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate
the matter (provide facts, sworn statements, etc.). We may not credit or refund any
account balance if you choose to terminate Services as a result of loss or theft of your
Device. lf you do not either activate a new device or notify us that you have found your
device within 45 days of the suspension of your account, your account will be
deactivated, we may assess a charge equal to the balance in your account (which is not
refundable), and, if applicable, you will lose your phone number.
Export. You agree to comply with all trade regulations and export control laws, both
domestic and foreign. i-wireless or Access Wireless Phones, equipment, software, and
any underlying information accessed or transferred by you using Access Wireless
Services may be subject to U.S. export controls, including the Export Administration Act
(50 U.S.C. 2401, et seq.) and the Export Administration Regulations (50 C.F.R. 730-
774), as well as the import regulations of other countries. You agree not to export or re-
export any i-wireless or Access Wireless phones, equipment, or software to any foreign
country. Any information transferred by you using Access Wireless ' Services to any
foreign country, entity, or person must comply with the U.S. Export Administration Act
and the Export Administration Regulations.
Safety. Always use your Phone in a safe manner that does not create a risk to your
safety or the safety of others around you. While driving, always use a hands-free device
and never use your Phone to send messages or browse the lnternet. Always use your
mobile phone and device in accordance with all applicable laws and regulations.
Your Privacy
Our Privacy Policy is available at unrwtr.accesswireless.com. This policy may change
from time to time, so review it with regularity and care.
Call Monitoring: To ensure the quality of our Services and for other lawful purposes,
we may monitor or record calls between us (for example, your conversations with our
customer service or sales departments).
Authentication and Contact: You (the account holder) must password protect your
account information by establishing a personal identification number ("PlN"). You should
also set a backup security question and answer in the event you forget your PlN. You
agree to protect your PlN, passwords, and other account access credentials like your
backup security question from loss or disclosure. You further agree that Access
Wireless may, in our sole discretion, treat any person who presents your credentials
that we deem sufficient for account access as you or an authorized user on the account
for disclosure of information or changes in Service. You agree that we may contact you
for Service-related reasons through the contact information that you provide, through
the Services or Devices to which you subscribe, or through other available means,
including text message, email, fax, recorded message, mobile, residential or business
phone, or mail.
CPNI Consent: Under federal law, you have a right and Access Wireless has a duty, to
protect the confidentiality of information regarding the amount, type and destination of
your wireless service usage ("CPNI"). You consent to Access Wireless sharing your
CPNI internally, and with its affiliates and its contractors to develop or bring to your
attention any products or services, and to Access Wireless transferring your CPNI in the
event of any merger sale of some or all of the company assets or acquisition, as well as
in the event of any insolvency, bankruptcy or receivership proceeding in which CPNI or
other personal information would be transferred as one of the business assets of the
company. This consent survives the termination of these Terms and Conditions and
your use of the Service, and is valid until you revoke it. To revoke your CPNI consent,
or otherwise restrict our use or, disclosure of, or grant of access to CPNI at any time,
notify us in writing at Access Wireless, Attention: CPNI Officer, 1 Levee Way, Suite
3104, Newport, Kentucky, 41071 and provide your (1) Name, (2) Home Address, (3)
Home telephone number (including area code), (4) Telephone number for your mobile
phone (including area code), (5) Service billing address, and (6) Service account
passcode. Revoking your CPNI consent will not affect your current wireless
service. Please see our Privacy Policy for more information.
Third-Party Applications: lf you use a third-party application, the application may
access, collect, use, or disclose your personal information or require Access Wireless to
disclose your information-including location information (when applicable)-to the
application provider or some other third party. lf you access, use, or authorize third-
party applications through the Services, you agree and authorize Access Wireless to
provide information related to your use of the Services or the application(s). You
understand that your use of third-party applications is subject to the third party's terms
and conditions and policies, including its privacy policy. Be sure that you have reviewed
and are comfortable with the third party's policies before using its application on your
device.
Information On Devices: Your Device may contain sensitive or personal information
(for example, pictures, videos, passwords, or stored credit card numbers). Access
Wireless is not responsible for any information on your Device, including sensitive or
personal information. lf possible, you should remove or othenruise safeguard any
sensitive or personal information when your Device is out of your possession or control,
for example, when you relinquish, exchange, return, or recycle your Device. By
submitting your Device to us, you agree that our employees, contractors, or vendors
may access all of the information on your Device. lf you exchange, return, or recycle
your Device through us, we typically attempt to erase data on your Device but you must
remove all data from your Device before you provide it to us.
Location-Enabled Services
Our networks generally know the location of your Device when it is outdoors and/or
turned on. By using various technologies to locate your Device, we can provide
enhanced emergency 911 services and optional location-enabled services provided by
a third party or us. Network coverage or environmental factors (such as structures,
buildings, weather, geography, landscape, and topography) can significantly impact the
ability to access your Device's location information and use of location-enabled
services.
You agree that any authorized user may access, use, or authorize Access Wireless or
third-party location-enabled applications through the Services. You understand that your
use of such location-enabled applications is subject to the application's terms and
conditions and policies, including its privacy policy. lf you activate location-enabled
services for devices used by other authorized users, you agree to inform the authorized
user(s) of the terms of use for location-enabled applications and that the Device may be
located.
911 Or Other Emergency Calls
Public safety officials advise that when making 911 or other emergency calls, you
should always be prepared to provide your location information. Unlike traditional
wireline phones, depending on a number of factors (for example, whether your Device is
GPS-enabled, where you are, whether local emergency service providers have
upgraded their equipment, etc.), 911 operators may not know your phone number, your
location, or the location of your Device. ln certain circumstances, an emergency call
may be routed to a state patrol dispatcher or alternative location set by local emergency
service providers. Enhanced 911 service, ("E911")-where enabled by local emergency
authorities-uses GPS technology to provide location information. Even when available,
however, E911 does not always provide accurate location information. lf your Device is
indoors or for some other reason cannot acquire a satellite signal, you may not be
located. Some Devices have a safety feature that prevents use of the keypad after
dialing 911-you should follow voice prompts when interacting with emergency service
providers employing interactive voice response systems to screen calls.
Telecommunications Relay Services (TRS)
Telecommunications Relay Service (TRS) permits persons with a hearing or speech
disability to use the telephone system via a text telephone (TTY) or other device. lf you
want to call someone using TRS, use your TTY or dial 711 on your mobile device and
you will be automatically connected to a TRS operator. 711 is a toll-free, nationwide
relay access number. You may dial 711 from anywhere in the United States and be
connected to the relay service in the state you are calling from. Once connected to the
relay service, tell the Communications Assistant the type of relay call you wish to
make. (i.e. TTY, HCO, VCO, STS, Spanish, etc.). 711 dialing access does not work for
Video Relay Service (VRS), lnternet Protocol (lP) Relay, or lnternet Protocol Captioned
Telephone Service (IPCTS) relay calls because such calls are initiated through the
lnternet. For emergencies, you should dial 911. To learn more about 711,
visit http://wu ry.fcc.qov.quidelines/71 1{elecommunications-relav-service. To learn
more about other types of TRS, visit http://www.fcc.qov.quides.telecommunications-
relav-services.trs.
Disclaimer Of Warranties
UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, WE MAKE NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO
THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF
MERCHANTABILITY, NON.INFRINGEMENT, OR FITNESS FOR A PARTICULARpuRposE CoNCERNTNG YOUR SERVTCES (TNCLUDTNG YOUR DEVTCE). WE
DON'T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON'T
AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF. ACCESS
WIRELESS PROVIDES ALL SOFTWARE AND APPLICATIONS ON AN 'AS IS' BASIS
WITH ALL FAULTS, ERRORS AND DEFECTS.
You Agree That We Are Not Responsible For Certain Problems
You agree that neither we nor our subsidiaries, affiliates, parent companies, vendors,
suppliers, or licensors are responsible for any damages resulting from: (a) anything
done or not done by someone else; (b) providing or failing to provide Services,
including, but not limited to, deficiencies or problems with a Device or network coverage
(for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents,
or any health-related claims relating to our Services; (d) Data Content or information
accessed while using our Services; (e) an interruption or failure in accessing or
attempting to access emergency services from a Device, including through 911,
Enhanced 911 or othenruise; (f) interrupted, failed, or inaccurate location information
services; (g) information or communication that is blocked by a spam filter; (h) damage
to your Device or any computer or equipment connected to your Device, or damage to
or loss of any information stored on your Device, computer, equipment, or Access
Wireless storage space from your use of the Services or from viruses, worms, or
downloads of malicious content, materials, data, text, images, video, or audio; or (i)
things beyond our control, including acts of God (for example, weather-related
phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government
orders or acts. You should implement appropriate safeguards to secure your Device,
computer, or equipment and to backup your information stored on each.
You Agree That Our Liability ls Limited - No Consequential Damages
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES
FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE
THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES
ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE
WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR
SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR
RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION
WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF
BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS
ln those rare instances where your concern is not resolved to your satisfaction
through calls to our customer care, you and Access Wireless each agree to try to
resolve those disputes in good faith after you provide written notice of the
dispute as set forth below. If the dispute is not resolved, you and Access
Wireless agree that they dispute will be resolved through individual binding
arbitration or small claims court, instead of courts of generaljurisdiction.
Mandatory Arbitration and Waiver of CIass Action
lnstead of suing in court, you and Access Wireless agree to arbitrate all Disputes (as
defined below) on an individual, non-representative basis. You agree that, by entering
into this Agreement, you and Access Wireless are waiving the right to a trial by jury or to
participate in a class action or representative action. This agreement to arbitrate is
intended to be broadly interpreted.
ln arbitration, there is no judge or jury. lnstead, Disputes are decided by a neutral third-
party arbitrator in a more informal process than in court. ln arbitration, there is limited
discovery and the arbitrator's decision is subject to limited review by courts. However,
just as a court would, the arbitrator must honor the terms of the Agreement and can
award damages and relief, including any attorneys'fees authorized by law.
"Disputes" shall include, but are not limited to, any claims or controversies against each
other related in any way to or arising out of in any way our Services or the Agreement,
including, but not limited to, coverage, Devices, billing services and practices, policies,
contract practices (including enforceability), service claims, privacy, or advertising, even
if the claim arises after Services have terminated. Disputes also include, but are not
limited to, claims that: (a) you or an authorized or unauthorized user of the Services or
Devices bring against our employees, agents, affiliates, or other representatives; (b) you
bring against a third party, such as a retailer or equipment manufacturer, that are based
on, relate to, or arise out of in any way our Services or the Agreement; or (c) that
Access Wireless brings against you. Disputes also include, but are not limited to, (i)
claims in any way related to or arising out of any aspect of the relationship between you
and Access Wireless, whether based in contract, tort, statute, fraud, misrepresentation,
advertising claims or any other legal theory; (ii) claims that arose before this Agreement
or out of a prior Agreement with Access Wireless; (iii) claims that are subject to on-
going litigation where you are not a party or class member; and/or (iv) claims that arise
after the termination of this Agreement.
Dispute Notice and Dispute Resolution Period
Before initiating an arbitration or a small claims matter, you and Access Wireless each
agree to first provide to the other a written notice ("Notice of Dispute"), which shall
contain: (a) a written description of the problem and relevant documents and supporting
information; and (b) a statement of the specific relief sought. A Notice of Dispute to
Access Wireless should be sent to: Access Wireless, Attention: General Counsel, 1
Levee Way; Suite 3104, Newport, KY 41071. Access Wireless will provide a Notice of
Dispute to you in accordance with the "Providing Notice To Each Other Under The
Agreement" section of this Agreement. Access Wireless will assign a representative to
work with you and try to resolve your Dispute to your satisfaction. You and Access
Wireless agree to make attempts to resolve the Dispute prior to commencing an
arbitration or small claims action. lf an agreement cannot be reached within forty-five
(45) days of receipt of the Notice of Dispute, you or Access Wireless may commence an
arbitration proceeding or small claims action.
Arbitration Terms, Process, Rules and Procedures
(1) Unless you and Access Wireless agree otherwise, the arbitration will be conducted
by a single, neutral arbitrator and will take place in the county of the last billing address
of the Service. The arbitration will be governed by either: (a) rules that we mutually
agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the
"JAMS Rules"), as modified by this agreement to arbitrate, including the rules about the
filing, administration, discovery and arbitrator fees. The JAMS rules are available on its
website at jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other
provision in arbitration rules chosen, by agreement, to govern the arbitration, we each
agree that all issues regarding the Dispute are delegated to the arbitrator to decide,
except that only a court (and not the arbitrator) shall decide any disagreements
regarding the scope and enforceability of this agreement to arbitrate.
(2) The Federal Arbitration Act ("FAA") applies to this Agreement and arbitration
provision. We each agree that the FAA's provisions-not state law-govern all
questions of whether a Dispute is subject to arbitration. To the extent that this
agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations
Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the
"Minimum Standards"), the Minimum Standards in that regard will apply. However,
nothing in this paragraph will require or allow you or Access Wireless to arbitrate on a
class-wid e, representative or consol idated basis.
(3) The arbitrator may award declaratory or injunctive relief only in favor of the individual
party seeking relief and only to the extent necessary to provide relief warranted by that
party's individual claim. YOU AND ACCESS WIRELESS AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND
NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and Access Wireless expressly agree
othenruise, the arbitrator may not consolidate more than one person's claims, and may
not otherurise preside over any form of a representative or class proceeding. lf any
portion of this provision is found to be unenforceable, then the entirety of this arbitration
provision shall be null and void.
(a) We each are responsible for our respective costs, including our respective counsel,
experts, and witnesses. Access Wireless will pay for any filing or case management
fees associated with the arbitration and the professional fees for the arbitrator's
services.
(5) An arbitrator's award will be a written statement of the disposition of each claim and
will also provide a concise written statement of the essential findings and conclusions,
which form the basis of the award. The arbitrator's decision and award is final and
binding, with some limited court review under the FAA, and judgment on the award may
be entered in any court with jurisdiction.
(6) As an alternative to arbitration, we may resolve Disputes in small claims court in the
county of your most recent billing address. ln addition, this arbitration agreement does
not prevent you from bringing your Dispute to the attention of any federal, state, or local
government agency. Such agencies can, if the law allows, seek relief against Access
Wireless on your behalf.
No Tria! By Jury and No Class Actions
IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS
AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN
ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION,
COUTERCLAIM OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT
TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR
CLASS ACTTON AND WE EACH UNCONDTTTONALLY (1) WA|VE ANY R|GHT TO
TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A
CLASSWIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY
OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE
CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.
lndemnification
You agree to indemnify, defend, and hold Access Wireless and our subsidiaries,
affiliates, parent companies, vendors, suppliers, and licensors harmless from any claims
arising out of or relating to your actions, including, but not limited to, your use of the
Service and any information you submit, post, transmit, or make available via the
Service; failing to provide appropriate notices regarding location-enabled services (see
"Location-Enabled Services" section); failure to safeguard your passwords, backup
question to your shared secret question, or other account information; or violating this
Agreement or any policy referenced in this Agreement, any applicable law or regulation,
or the rights of any third party.
Providing Notice To Each Other Under the Agreement
Except as the Agreement specifically provides otherwise, you must deliver written notice
to us by mail to Access Wireless, 1 Levee Way, Suite 3104, Newport, KY 41071. We
will provide you notice by correspondence to your last known address in our records, to
any fax number or email address you've provided us, by calling you on your Device or
any other phone number you've provided us, by voice message on your Device or any
other phone number you've provided us, or by text message on your Device.
Other !mportant Terms
Subject to federal law or unless the Agreement specifically provides othenarise, this
Agreement is governed solely by the laws of the state encompassing the area code
assigned to your Device, without regard to the conflicts of law rules of that state. lf either
of us waives or does not enforce a requirement under this Agreement in an instance, we
do not waive our right to later enforce that requirement. Except as the Agreement
specifically provides othenarise, if any part of the Agreement is held invalid or
unenforceable, the rest of this Agreement remains in full force and effect. This
Agreement is not for the benefit of any third party except our corporate parents,
affiliates, subsidiaries, agents, and predecessors and successors in interest. You may
not assign the Agreement or any of your rights or duties under it. We can assign the
Agreement without notice. You may not in any manner resell Devices or Services to
another party. You may not export any Device. The Agreement and the documents it
incorporates make up the entire agreement between us and replace all prior written or
spoken agreements-you cannot rely on any contradictory documents or statements by
sales or service representatives. The rights, obligations, and commitments in the
Agreement that-by their nature-would logically continue beyond the termination of
Services (for example, those relating to billing, payment, 911, dispute resolution, noclass action, no jury trial) survive termination of Services.
Trademarks and Licenses
The i-wireless / Access Wireless brand and family of marks are registered trademarks
used under license by i-wireless LLC. Sprint and Sprint PCS are registered trademarks
of Sprint Nextel. You agree not to infringe, misappropriate or othenrrrise violate the
intellectual property rights of i-wireless, Sprint or any other carrier. You agree that a
violation of this paragraph causes harm that cannot be fully redressed by monetary
damages, and that in the event of such violation or threatened violation, i-wireless is
entitled to immediate injunctive relief, without posting a bond or additional security, in
addition to all other rights and remedies available.
Android, Google, the Google logo and Google Play are trademarks of Google lnc.
ACCESS WIRELESS PREPAID MONTHLY PLANS TERMS & CONDITIONS
Access Wireless Prepaid plans provide the user with a specified allotment of combined
voice minutes, text messages and data for a flat fee and is valid for use within a 30-day
period. Each plan option is directly associated with a specific flat fee. Any unused talk,
text or data will expire after 30 days unless othenarise noted. Customers must elect
auto-pay or add funds via airtime, credit or debit card to continue service. lnternational
calling is not included as part of the monthly plan, but may be purchased using funds
available in the account balance or with an international calling card. 411 calls and
international texting are free with all plans.
Talk. Text & Data Allotments:
Each plan allotment is valid for a 30-day period, and includes the associated voice, text
and data units detailed below. Each is also inclusive of related telecom taxes, fees
and/or surcharges. Sales tax and any federal, state or local charges assessed to
telecom products at the point of sale are not included. Any unused talk, text or data will
expire after 30 days unless othenruise noted. Your monthly plan will automatically renew
if you have opted in for Auto-Pay or added sufficient funds to your account balance
before your next plan renewal date.
Access Monthlv Plan Options:. $20.00 for Unlimited* Talk Minutes and Unlimited* Text Messaging. Unlimited
picture messages are also included.. $35.00 for Unlimited* Talk Minutes, Unlimited* Text Messaging and 3 GB Data
provided at speeds up to 4G LTE. Unlimited picture messages are also included.. $50.00 for Unlimited* Talk Minutes, Unlimited* Text Messaging and 10 GB Data
provided at speeds up to 4G LTE. Unlimited picture messages are also included.
We reserve the right to change the Fees set forth above or discontinue a rate plan at
any time.
Data Bolt-On:
A Data Bolt-On can onlv be added to an account that is active on an Access Monthlv
Plan. Bolt-on data will carrv over as lono as qontinuous servioe Ls maintained on an
Access Monthlv Plan. Data from the allotted Access Monthlv plan will be used before
the allotted amount of the Data Bolt-on.. $5 for 250 MB Data provided at speeds up to 4G LTE.. $10.00 for 1 GB Data provided at speeds up to 4G LTE.
*Unlimited does not mean unreasonable. Any plans with unlimited data will first use their
allotted amount of high-speed data. After that allotment has been used, data speed will
be reduced for the remainder of the 30-day plan period. The reduced speed (6a kbps)
may impact the functionality of some data applications, such as streaming audio or
video or web browsing. All plans are 30-day plans. Any unused talk, text or data will
expire at this time. Customers must elect auto-pay or add funds via airtime, credit or
debit card to continue service. lnternational calling is not included as part of the monthly
plan, but may be purchased using funds available in the account balance or with an
international calling card.
Addinq Talk. Text & Data:
You can add talk, text and data to your plan by using one of our Top-Up methods. You
can Top-Up your account by (1) registering a valid credit or debit card to your account.
The minimum Top-Up amount when using a credit card or debit card is $10; (2)
purchasing Access Wireless or i-wireless airtime cards at participating retailers,
including the Kroger family of stores. A list of retail locations can be found at
www.accesswireless.com/buv-cards. Any funds added to your account can only be
used to add the talk, text and data allotments as described above. See terms and
conditions on taxes and surcharges for details.
Auto-Pav:
You can register to automatically refill your account balance. By registering for Auto -
Pay, you agree to have the Auto-Pay amount you have selected deducted from your
credit card or debit card and added to your Access Wireless account once every 30
days. You can establish, modify, or cancel your AutoPay preferences at any time by
logging into your account at accesswireless.com or by calling Access Wireless at
1.866.594.3644. Please note that any airtime loaded between auto-pay dates will not
negate or reset the auto refill timing.
Carrv Forward:
Subscribers are not eligible for carry fonvard minutes, text or data unless othenrvise
noted. Once a new talk, text and data allotment is added, any remaining unused voice
minutes, text messages or data allowance from the prior plan purchased will
automatically be removed from the account prior to the new allotment being applied and
made available for use.
Srvitch i ns Ampng flansi
Access Wireless subscribers may switch between any available rate plan at any time.
When switching between rate plans you will not receive a refund of any portion of any
previously paid charges. For that reason, we recommend that you switch at the end of
your 30-day billing cycle if you are on a Monthly Service Plan or after you have used
your talk, text or data allotment. When switching between different Monthly Service
Plans, subscribers will not be permitted to transfer unused balances into or out of the
plans. Excessive switching is not permitted and may result in termination of Service.
Other Charqes
Customers must have a balance in order to use the following services:
Domestic and lnternational Long Distance allow you to call anywhere in the U.S. and
anywhere in the world. ln the event you place an lnternational Long Distance call from
your Phone, your account will be debited an amount equal to the cost of such call, and
the cost shall be calculated based upon the lnternational Long Distance rates currently
in effect multiplied by the number of minutes used. Rates and country codes are
available at accesswireless.com.
Calls to Directory Assistance (411) are one dollar fifty cents ($1.S01 each plus local per-
minute charges. Rates are subject to change.
lnternational Long Distance calls are additional charges: as such, the airtime minutes
used are included and the minutes used will not be debited against your minute
balance.
Standard airtime charges apply to 800, 866, 877 and other toll-free calls.
lncoming advertising alerts or other broadcast messages from i-wireless or its
authorized agents, such incoming calls and messages are not charged against your
account balance.
Taxes and Surcharqes:
Stated prices for our Services on the plans, include taxes and/or surcharges. Taxes
include state and local taxes, as well as surcharges for federal and state Universal
Service Fund contributions and state and local 911 fees. Charges may also include a
cost recovery surcharge. The amount of these surcharges may vary from time to time
and by area. Sales tax and other fees assigned by federal, state, or local governments
at the point of sale are not included in the rates.
ACCESS WIRELESS LIFELINE ASSISTANCE PROGRAM TERMS & CONDITIONS
Access Wireless service is limited to eligible customers who are over the age of 18 or
are an emancipated minor, subject to continued verification and is non-transferable.
Only one Lifeline Assistance benefit (wireless or wireline) per household is allowable.
Consumers who make willful false statements to obtain benefits may be punished by
fine or imprisonment or may be barred from the program.
Availability
Access Wireless is only available for activation by customers who reside in the areas in
which i-wireless, or, in certain cases, an affiliate has been designated as an Eligible
Telecommunications Carrier ('ETC"). Your principal residence address must be within
an i-wireless ETC service area. Visit www.accesswireless.com to check whether you
reside in an i-wireless ETC service area. To be eligible for Access Wireless service, you
must meet the applicable eligibility standards described below, which may be amended
from time to time.
Eligibility
Eligibility for Access Wireless may vary by state. You may qualify for Access Wireless if
you participate in any of the government programs listed in your Access Wireless
application or based on household income eligibility standards. lf you seek to qualify for
Access Wireless based upon participation in a qualifying assistance program and
Access Wireless is unable to verify your participation through an eligibility database,
then you are required to provide proof of program participation such as program
identification card or other social service agency document that shows you currently
participate in a qualifying program. lf you seek to qualify for Access Wireless under the
household income eligibility standards, you are required to provide written
documentation of your household income. You should not send original proof
documents to Access Wireless, as they will not be returned. Access Wireless is not
responsible for any losses resulting from the destruction of documents sent to Access
Wireless.. You are responsible for notifying Access Wireless if you no longer meet the
applicable eligibility standards for Access Wireless. ln addition, if you receive a notice
from Access Wireless requesting that you confirm your eligibility status, you must do so.
Specific information regarding eligibility verification is listed in the lmportant
Service/Product Terms.
One Lifeline Assistance Discount Per Economic Unit
Lifeline Assistance is limited to one economic unit per household (landline or wireless).
An economic unit is defined, for purposes of the Lifeline programs, as any individual or
group of individuals who live together at the same address and share income and
expenses. An economic unit is not permitted to receive Lifeline benefits from multiple
providers. Violation of the one benefit per economic unit rule constitutes a violation of
the federal rules and will result in de-enrollment from the Lifeline program and
potentially prosecution by the United States government. You consent to have your
personal identification information, including name, telephone number and address
shared with the universal Service Administrative Company (USAC) (the Lifeline
Program administrator) and/or its agents for the purpose of confirming that neither you
nor your household receive more than one Lifeline benefit. lf you or any member of your
family unit receives Lifeline Assistance from any other telephone company or
broadband internet provider, you are responsible for notifying your current service
provider that you have been approved for Lifeline Assistance through Access Wireless.
Eligibility is Personal
Eligibility for Access Wireless is personal to you. You may not transfer to any third party
any of your rights or benefits received under the Access Wireless service, including, but
not limited to, any voice minutes or broadband data received under the Access Wireless
service.
FREE Wireless Rewards Program
The FREE Wireless Rewards program is administered by Access Wireless/i-wireless
and Kroger. lf you are a registered participant in the FREE Wireless Rewards program,
you will earn a free wireless reward for every $100 spent on qualifying purchases at
select Kroger-owned store locations when using a registered Kroger family Shopper's
cards, Rewards card, Alternate lD or 1-2-3 Rewards Visa.
lf you have registered and authorized recurring billing to your 1-2-3 Reward's Visa, you
will receive 20 FREE minutes of airtime or megabytes of data (depending on your rate
plan) applied to your account balance for every $100 in qualified spending. You must
spend $100 or more to receive the reward. The total amounts you spend will not be
rounded up (i.e. 99$ will not be rounded up to $1.00). Rewards may only be redeemed
once (1) per household, per $100 in qualified spending. Qualified purchases do not
include payments for taxes, office services, alcohol, tobacco, fuel, tickets, Western
Union, Green Dot cards, MoneyPak, Kroger Gift Cards and any purchases prohibited by
law. Access Wireless and Kroger reserve the right to exclude other purchases. No
coupon or certificate is needed to earn rewards minutes.
A maximum of two Kroger family Shopper's cards, Rewards cards or 1-2-3 Rewards
Visa cards may be registered against any one Access Wireless MDN. No more than 20
FREE minutes or megabytes can be earned for every $100 in qualified spending, and a
maximum of 2000 minutes and/or 5 GB of data can be earned within a 30-day period.
Wireless Rewards follow airtime purchase rules; see Top Up Options for details. FREE
Wireless Rewards are usually applied within 48 hours after the $100 threshold for
qualifying purchases is met.
FREE Wireless Rewards may only be redeemed for Access Wireless service in
connection with a qualifying Access Wireless rate plan, requires the use of an Access
Wireless or i-wireless phone, and are subject to these Terms and Conditions. Minutes
earned under the FREE Wireless Rewards program may be used for making or
receiving voice calls. Access Wireless, i-wireless and Kroger reserve the right to alter,
limit or modify the FREE Wireless Rewards program rules, regulations, rewards, reward
level, registration process, or to terminate the FREE Wireless Rewards program at their
sole discretion, without notice. By participating in the FREE Wireless Rewards program,
you and your household agree to allow Access Wireless to use information collected for
the marketing purposes of Access Wireless, i-wireless, Kroger and their respective
affiliates. Please see our Privacy Policy for additional details. This is a limited time offer
and not available where prohibited by law.
Access Wireless users must be registered for the FREE Wireless Rewards program in
order to be eligible to receive FREE Wireless Rewards. The FREE Wireless Rewards
program is not available in select Food4less store locations.
Consent to Disclosure of lnformation
By completing the Access Wireless application, you consent to the release of your
information, (including financial information) to our designated agent for the
administration of your Access Wireless service. This consent survives the termination of
this Agreement. You further authorize Access Wireless to discuss with or access
information from state or federal agency representatives concerning your eligibility for
and participation in the Lifeline Assistance program. Access Wireless reserves the right
to review your eligibility status at any time and require you to provide Access Wireless
with written documentation of either your household's income or your participation in a
qualifying federal program or state program.
State-Specific !nformation
Unresolved questions or complaints regarding Lifeline service may be directed to the
state offices or agencies listed in the lmportant Service/Product Specific Terms.
Access Wireless phones may be provided free of charge in accordance with its Handset
Policy or can be purchased from Access Wireless/i-wireless or authorized retailers.
State Dispute Resolution lnformation. Unresolved questions or complaints regarding
Lifeline service may be directed to the following state offices or agencies: Colorado:
Colorado Public Utilities Commission, Consumer Affairs, 1560 Broadway, Suite 250,
Denver Colorado 80202, Phone [phone] or 800-456-0858, FAX [phone],
email [e-mail]. Georgia: Georgia Public Service
Commission's Consumer Affairs Unit at 404-656-4501. Kansas: Kansas Corporation
Commission, Office of Public Affairs and Consumer Protection, at KCC - Consumer
Protection, 1500 SW Arrowhead Road, Topeka, KS 66604 or toll-free 1 .800.662.0027 or
in Topeka 785.271.3140. Hearing or speech impaired TDD Kansas Relay Center
1.800.766.3777. Pennsylvania: PA Public Utilities Commission, Bureau of Consumer
Services, P.O. Box 3265, Harrisburg, PA 17105-3265 or call 1-717-783-1740 or toll free
1-800-692-7380. Oregon: Oregon Public Utility Commission, Consumer Services, P.O.
Box 1088, Salem OR 97308 or call 1-800-848-4442. Washington: Washington State
Office of Attorney General, Consumer Protection Division at 1-800-551-4636.
Phone lnformation and Return Policy. Phone models are either new or refurbished
based on inventory availability or available plans. Phones may vary depending on
inventory. Phones purchased from accesswireless.com or krogeriwireless.com may or
may not have been purchased directly from i-wireless LLC d/b/a Access Wireless. See
General Terms & Conditions: Section Device lnformation for warranty and return
information regarding phones purchased from vv\ /w.accesswireless.com. Phones
purchased from other retail locations are subject to the other location's return policy.
Please contact customer service at 866-594-3644 for replacement eligibility options and
returning of your handset. ln an instance that a device should be returned, you will be
issued a Return Authorization Number and a return mailer will be sent to you.
All phones provided to you by Access Wireless through our Lifeline Assistance program
include a one-year warranty from the original equipment manufacturer. lf you
experience a handset malfunction, call Access Wireless at 866-594-3644. Lost, stolen,
and defects due to misuse or abuse are not covered under any warranty.
ACCESS WIRELESS RATES
Rate plan(s) in States participatinq in the Federa! Lifeline proqram and NOT
supplementinq the federal reimbursement with state funds.1. Access Wireless Free Plan: Only Available to customers activating prior to
21112018. lncludes 750 Voice Minutes, Unlimited Text Messages, and 500 MB of Data
each month.2. Access Wireless Voice Plan: Available after 21112018. lncludes 750 Voice
Minutes, Unlimited Text Messages and 50 MB of Data each month.3. Access Wireless Broadband/Data Plan: Available after 21112018. lncludes 250
Voice Minutes, Unlimited Text Messages and 1 GB of Data each month.
Rates plan(s) in States participatinq in the Federal Lifeline proqram and
supplementinq the federal reimbursement with state funds of at least $3.50.1. Access Wireless Free PIan+: Only Available to customers activating prior to
21112018. lncludes 1,000 Voice Minutes, Unlimited Text Messages, and 500 MB of Data
each month.2. Access Wireless Voice Plan+: Available after 21112018. lncludes 1,000 Voice
Minutes, Unlimited Text Messages, and 50 MB of Data each month.3. Access Wireless Broadband/Data Plan+: Available after 21112018. lncludes
500 Voice Minutes, Unlimited Text Messages, and 1 GB of Data each month.
Top-Up Options listed below are available to the above rate plans and are valid
for 30
Minutes, texts or data added as a result of a top-up oavment will be used after the
monthlv Lifeline credit has been exhausted. Anv unused minutes. texts or data will last
for 30 davs from the date the funds were applied to the account.
Rate plan(s) for Tribal Lands Enhanced Tribal Support. NOTE: Access Wireless is
approved to offer Enhanced Tribal Support in a limited number of states.1. Access Wireless Enhanced Tribal Broadband Plan: lncludes Unlimited Voice
Minutes, Unlimited Text Messages and 2 GB of Data each month.
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Enhanced Tribal Broadband PIan and are valid for 30
Data added as a result of a top-up pavment will be used after the monthlv Lifeline credit
has been exhausted. Anv unused data will last for 30 davs from the date the funds were
Subscribers No Lonqer Approved for Lifeline Benefits with A qess Wireless1. Access Basic Non-Lifeline Plan: Customers with a cash balance will be
charged $0.05 per Voice Minute or Text Message (sent or received) and $0.10 per
Megabyte of data. Rates subject to change.
Top-Up Options below are available to subscribers on the Access Basic Non-
Lifeline Plan and are valid for 30
Any unused minutes, texts e!' data will last for 30 davs from the date the funds were
applied to the aceount.
Account Activity Requirement. You must actively use your Access Wireless service.
You can "use" the service by (1) making an outbound call, sending a text message, or
using data, (2) purchasing airtime from Access Wireless, or (3) answering an incoming
call from anyone other than Access Wireless, lf you do not use your service at least
once during any 30-day period, Access Wireless will provide you with notice of inactivity
to inform you that you must use the service in 15 days or be de-enrolled from the
Lifeline program. lf you receive a notice of inactivity, you must use your Access
Wireless service at least once during the 1S-day period following the notification or
confirm that you would like to continue receiving Lifeline service in order to remain
eligible and avoid termination of your Access Wireless Lifeline service.
Maintaining Eligibility & Service. You will receive Lifeline service from Access
Wireless as long as you meet and continue to verify (at least once annually) the Access
Wireless eligibility requirements. lf Access Wireless has reason to believe that you are
no longer eligible to receive your Lifeline benefit for any reason, including but not limited
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to instances in which (1)You have notified us of your ineligibility; (2) You have failed to
respond to a request by Access Wireless to confirm your eligibility by the response date
provided; (3) You have responded to a request by Access Wireless to confirm your
eligibility, but failed to submit adequate proof of your eligibility status; or (4) A state or
federal agency alerts Access Wireless to your ineligibility, Access Wireless will notify
you of impending termination of your Access Wireless Lifeline service. You will have 30
days to respond to a notice of impending termination, except that you will have 60 days
to respond to a request for annual certification of Lifeline eligibility. Confirmation of
eligibility must occur during this period or your Access Wireless Lifeline service will be
terminated. lf your eligibility is not confirmed prior to the end of the applicable period
following notification of inactivity or impending termination, you will lose any free
monthly minutes.
Benefit Port Limitations. lf your service includes federal Lifeline-supported broadband
lnternet service, other than under some limited FCC-mandated exceptions, you may not
port your benefit from one Lifeline provider to another until you have been a subscriber
with your original provider for at least 12 months from your service initiation. lf your
service is a federal Lifeline-supported voice service, other than under some limited
FCC-mandated exceptions, you may not port your benefit from one Lifeline provider to
another for at least 60 days from your service initiation.
lf you de-enroll from Lifeline services within the applicable time period (12 months or 60
days, depending on the service), you may not enroll in Lifeline service with any other
Lifeline provider until the applicable time period is over, unless one of the following
exceptions is met:1) You move residential address;2) Company ceases operations or othenruise fails to provide service;3) Company has imposed late fees for non-payment related to the supported
service(s) greater than or equal to the monthly end-user charge for service; or4) Company is found to be in violation of the FCC's rules during the benefit year
and you are impacted by such violation.
After the benefit port freeze period expires, you may remain with Company on a month-
to-month basis or select a new provider, which will trigger a new benefit port freeze
period. The benefit port freeze does not limit your ability to switch between Company
Lifeline service plans (as applicable) or add minutes or data.
Using Access Wireless Services after Termination of Lifeline Service. You can
continue to use Access Wireless service as a prepaid service after termination of
Access Wireless Lifeline service if you have a sufficient balance in your account.
Prepaid plans are subject to the Terms and Conditions for i-wireless prepaid
service. For up to 60 days after termination of Access Wireless Lifeline service, if you
have a sufficient balance in your account, you will be charged $0.05 for each additional
minute or text and $0.10 for each additional megabyte of data.
Expired Accounts: After the end of this up to 60-day period, your account will expire,
and we will deactivate your service. lf your account expires or is terminated, you will
lose your phone number, and Access Wireless will assess you a termination charge
equal to the value of the balance in your account.
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Page 13
lms) R.t.OtRdurnC.ri.rAddhlon.l Do.um.nt.tion FCC Form 41
OMB Control No. 3060'(X)86/OMB control No, mm{819
Julv 2018
<010> Study Area Code 47 9020
<015> Study Area Name I-Wireless, LLC dba Access Wireless
<020> Program Year
<O3O> Contact Name - Person USAC should contact regarding this data
2 1
Sam BaiLey
<035> contact Telephone Number - Number of person identified in data line <030> 5 1 3 5 5 O 2 7 5 5 ext
<039> contact Email Address - EmailAddress of person identified in data line <o3o> sam ' ba i 1ey@i wi re 1e s shome ' com
fffien€6'{alf,l{$ffiFnr6'It+E+qr#r.f$i",t-?fi*q'i'ETlE @
Select from the drop down menu or check the boxes below to note compliance with 54.313(fl(1). Privately held carriers must ensure compliance with the
financial reporting requirements set forth in 47 CFR 54.313(f)(2). I further certify that the information reported on this form and in the documents
attached below is accurate.
(3ooe)
(3o1oA)
(30108)
(3012A)
(30128)
(3013)
(3014)
Progress Report on 5 Year Plan
Carrier certifies to 54.313(fXlXiii)
(301s)
(3016)
(3017)
(3018)
Please check these boxes to confirm that the
attached PDF, on line 3017, contains the required
information pursuant to ! 54.313(f)(2) compliance
requires:
Electronic copy of their annual RUS reports
(Operating Report for Telecommunications
Borrowers)
Document(s) with Balance sheet, lncome Statement
and Statement of Cash Flows
lf the response is yes on line 3014, attach your
company's RUs annual report and all required
documentation
lf the response is no on line 3014, is your company
audited?
lf the response is yes on line 3018, please check the
boxes below to confirm your submission on line
3025 pursuant to 5 54.313(f)(2), contains:
Either a copy of their audited financial statement; or
(2) a financial repon in a format comparable to RUs
Operating Report for Telecommunications Borrowers
Document(s) for Balance Sheet, lncome statement
and statement of cash Flows
Management letter and/or audit opinion issued by
the independent certified public accountant that
performed the company's financial audit.
lf the response is no on line 3018, please check the
boxes below to confirm your submission on line
3026 pursuant to S 54.313(f)(2). contains:
Copy of their Iinancial statement which has been
subject to review by an independent certified public
accountant; or 2) a financial report in a format
comparable to RUS Operating Report Ior
Telecommunications Borrowers
Underlying information subjected to a review by an
independent certif ied public accountant
Name of Attached Document Listing Required
lnformation
(Yes/No) O O
(301e)
(3020)
(302 1)
(3022)
(3023)
(3024)Underlying information subjected to an officer
certification.
(3025) Document{s) with Balance Sheet, lncome Statement
and Statement of Cash Flows
Name of Attached Document Listing Required
lnformation
Certification of Public lnterest obligations (47 cFR $
s4.3 13(f)(1)(i))
Please Provide Attachment
Community Anchor lnstitutions {47 CFR 5
s4.313(fXlXii))
Please Provide Attachment
ls your company a Privately Held ROR Carrier {47 CFR
5 s4.313(fX2))
lf yes, does your company file the RUS annual report
Name of Attached Document Listing Required
I nformation
Name of Attached Document Listing Required"t""TrI:T O O
(Yes/No) O O
(3026) Attach the worksheet listinS required information
Pag.13
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<010>Area Code
<015>Area !-rireleg., Lrc &a Acce.r tsir.1c.6
<020>Program Year
<030>Contact Name - Person USAC should contact this data
<035>Contact - Number of in data line <030>
<039>Contact Email Address - Email Address of person identified in data line <030> sar bai:cyiilirc:...h.n. ..r
4005 Rural Broadband Experiment
Authorized Rural Broadband Experiment (RBE) recipients must address the certification for public interest obligations and provide a
list of newly serued community anchor institutions.
Public lnterest Obligations - FCC 14-98 (paratraphs 26-29, 78)
PleaseaddressLine400lregardingcompliancewiththeCommission'spublicinterestobligations. AllRBEparticipantsmustprovidea
response to Line 4001.
4001. Recipient certifies that it is offerinS broadband meeting the requisite public interest obligations consistent with the category for
which they were selected, including broadband speed, latency, usage capacity, and rates that are reasonably comparable to rates for
comparable offerings in urban areas.
Community Anchor lnstitutions - FCC 14-98 (paragraph 79)
4003a. RBE participants must provide the number, names, and addresses of community anchor institutions to
whichtheynewlydeployedbroadbandserviceintheprecedingcalendaryear. onthisline,pleaserespond
(yes - attach new community anchors, no - no new anchors) to indicate whether this list will be provided.
lf yes to 40O3A, please provlde a response for 40038,
4003b. Provide the number, names and addresses
of community anchor institutions to which the
recipient newly began providing access to
broadband service in the preceding calendar year.
Name of Attached Document Listing Required lnformation
Pate 15
(4005) Rural Broadband ExperimentAddilional Documentation
Data Collection Form
PaBe 15
(50051 Alasla Ptan P.rtlclp.nB Addltlonal Documentation
Data Collcction Fom
FCC Fo,m /t8l
OMB Control No. 3060-0986/OMB Control No. 3060-08t9
.,uly 201E
<010>Study Area Code
<015>Study Area Name fta A.c... NiretcE6
<020>Program Year
<030>Contact Name - Person USAC should contact regarding this data
<035>Contact Telephone Number - Number of person identified in data line <030>
<039>Contact Email Address - Email Address of person identified in data line <030> 6aft bailcy,i,ir.:c..hor. .or
5005 Alaska Plan
(5010) Do you participate in the Alaska plan?
Please indicate whether any terrestrial backhaul or other satellite backhaul became
commercially available in the previous calendar year in areas previously served
exclusively by performance-limiting satellite backhaul.
(s012)
lf the filing carrier identified in its approved perfomance plans that it relies exclusively on
satellite backhaul for a certain poriton ofthe population in its service area, indicate whether
any terrestrial backhaul or other satellite backhaul became commercially available in the
previoius calendar year in areas that were previoiusly served exclusively by satellite backhaul.
(s011)
(Yes/No)
(Yes/No)
(Yes/No)
Ncwly 5.rv.d toc.tion. or Popul.tion
<5013>
D.s.riptioh Ol 8.ckh.ul T€chnology
Page 16
Page 77
OMB Control No. 3O6G{Xr86/OMB Cont ol No. 3050{819
FCC Form
Collection Fotm
- Reporting Carrier
July 2018
<010> Studv Area Code 419020
<015>Area Name l - wlreie6s LLC dba Acceas wireless
<020> Program Year 2019
<030> Contact Name - Person USAC should contact reEardine this data sam Bailey
<035> Contact Telephone Number - Number of person identified in data line <030> 5135502?55 ext
<039> Contact Email Address - EmailAddress of rerson identified in data line <030> sam.bailey@iwirelesshome. com
TO BE COMPLETED BY THE REPORTING CARRIER, IF THE REPORTING CARRIER IS FILING ANNUAL REPORTING ON ITS OWN BEHALF:
Certification of Officer as to the Accuracy of the Data Reported for the Annual Reporting for CAF or Ll Recipients
I cenify that I am an officer of the teporting carrier; my responsibiliti€s include ensuring the accuracy of the annual reporting requirements for universal seruice support
recipients; and, to the best of my knmledge, the information reported on this form and in any attachments is accurate.
Name of Reporting Carrier:
Signature of Authorized Officer:Date
Printed name of Authorized officer:
Iitle or position of Authorized Officer:
lelephone number of Authorized Officer: ext
itudy Area Code of Reporting Carrier:Filing Due Date for this form:
underTitle 18 of the United States Code, 18 U.S.C. 5 1001.
Page !7
Page 18
FCC Form tl81
oMB control No. 3060{985/OMB Control No. 3060-0819
2018
- Agent Carrier
Collection Form
<010> Studv Area Code 419420
<015> Study Area Name I-wireless, LLC dba Acce6s llireless
<020> Program Year 2019
<030> ContactName-PersonUSACshouldcontactregardingthisdata samBailey
<035> contact relephone Number - Number of person identitied in data line <o3o> 5135502755 ext
<039> contact Email Address - Email Address of person identified in data line <o3o> sam bailey@iwirelesshome - com
TO BE COMPLETED BY THE REPORTING CARRIER, IF AN AGENT IS FITING ANNUAT REPORTS ON THE CARRIER'S BEHATF:
Certification of Officer to Authorize an Agent to File Annual Reports for CAF or Ll Recipients on Behalf of Reporting Carrier
I certify that (Name oI is authorized to submit the information teported on behalf of the reporting carrier. I
agent; and, to lhe best of my knowledge, the reports and data provided to the authorized agent is accurate.
NameofAuthorizedAgent: Expert Telecom Compliance
NameofReportingCarrier: r-wireless, LLc dba Access wirelesa
Signatureof Authorized Offacer: CERTTETED oNLINE Date: 01 /a6 /2ota
Printed name ofAuthorized Otficer: John willis
Title or position of Authorized Officer: Coo
Telephone number of Authorized Officen 5137033093 exl
StudvAreaCodeof ReportingCarrier: 479020 Filins Due Date for this totm, o7 / L6 / 2otg
under Title 18 of the United States Code, 18 U.S.C. 5 1001.
TO BE COMPTETED BY THE AUTHORIZED AGENT:
Certification of Agent Authorized to File Annual Reports for CAF or Ll Recipients on Behalf of Reporting Carrier
the data reponed herein based on data provided by the reporting carrier; and, to the best of my knowledge, the intormation reported herein is accurate.
Name of Reportinq Carrier:I wireless, LLC dba Access wireless
Expelt Telecom complianceName of Authorized Agent Firm:
Sienature of Authorized Apent or Emolovee of Aeent: CERTIFIED ONIINE Dater o7 / 05 / 2oaa
Name of Authorized Agent Emplovee:victoria Martin
IitleorpositionofAuthorizedAgentorEmploveeotAgent Re+latory specialis!
Telephone number of Authorized Agentor Employee of Agent: Ei86722B3I ext.
Studv Area Code of Reoorting Carrier:479020 FilingDueDateforthisforfi: o7/16/2oaa
18 of the United States Code, 18 U.S.C. I 1001.
Page 18