20221117Final_Order_No_35600.pdf

ORDER NO. 35600 1

Office of the Secretary
Service Date
November 17, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF TELRITE
CORPORATION’S d/b/a LIFE WIRELESS
APPLICATION FOR DESIGNATION AS AN
ELIGIBLE TELECOMMUNICATIONS
CARRIER
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CASE NO. TEC-T-22-01

ORDER NO. 35600

On March 23, 2022, Telrite Corporation d/b/a Life Wireless (“Company” or “Telrite”)
applied for limited designation as an Eligible Telecommunications Carrier (“ETC”) in Idaho. The
Company supplemented its Application on July 1, 2022, and August 25, 2022, with additional
information elucidating the steps it took to notify the federally recognized tribes in Idaho of its
Application.
On September 26, 2022, the Commission issued a Notice of Application and Notice of
Modified Procedure, setting a 21-day public comment deadline and 28-day Company reply
comment deadline. Order No. 35536.
On October 17, 2022, Commission Staff (“Staff”) filed comments. No other comments
were received. With this Order, we approve the Company’s Application and grant it limited
designation as an ETC.
BACKGROUND
Under the federal Telecommunications Act of 1996 (“Federal Act”), a carrier designated
as an ETC is eligible to receive federal support from the federal Universal Service Fund (“USF”).1
47 U.S.C. § 214(e). This Commission has the authority, under the Federal Act, to grant ETC
designations within Idaho. 47 U.S.C. § 214(e)(2). Authority for the Commission to designate ETC
status is also provided in Idaho law—the Idaho Telecommunications Act of 1988 (“Idaho Act”)—
and expounded upon in prior Commission orders. See Idaho Code §§ 62-610D(1), 62-615(1);

1 The Federal Communications Commission established the federal USF with the intent to make adequate, efficient
communications available nationwide, at reasonable charges. In the Matter of Lifeline and Link Up Reform and
Modernization, Lifeline and Link Up, Federal-State Joint Board on Universal Service, Advancing Broadband
Availability Through Digital Literacy Training (“Lifeline and Link Up Reform Order”) 27 F.C.C.R. 6656, at 6660-62
(Feb. 6, 2012); 47 U.S.C. § 254(b). Lifeline is a program supported by the USF that provides monthly discounts to
eligible low-income subscribers to maintain access to communications networks. Lifeline and Link Up Reform Order,
27 F.C.C.R. 6656 at 6662-63. Idaho has an analogous state USF program, established in Idaho Code §§ 62-610 and
62-610A-610F, and a Lifeline program known as the Idaho Telecommunications Service Assistance Program
(“ITSAP”). Idaho Code § 56-901.
ORDER NO. 35600 2

Order No. 29841. Under this authority, this Commission has granted ETC designations to
numerous carriers in Idaho, including wireless carriers. See, e.g., Order Nos. 32586, 32645, and
34163.
To qualify as an ETC, an applicant must satisfy several requirements established in federal
and state law. See 47 U.S.C. § 214(e); Order No. 29841. The Federal Act requires the applicant to
be a “common carrier,” offering services supported under Section 254(c) of the Federal Act “using
its own facilities or a combination of its own facilities and resale of another carrier’s services,”
unless otherwise granted Federal Communications Commission (“FCC”) forbearance. 47 U.S.C.
§§ 153(11), 214(e)(1)(A), 160(a)(3) (FCC has regulatory flexibility to forbear application where
consistent with public interest). The Federal Act also requires the applicant “advertise the
availability of such services and the charges therefor using media of general distribution.” 47
U.S.C. § 214(e)(1)(B).
Under the Federal Act, state commissions shall determine whether ETC designation is
“consistent with the public interest, convenience, and necessity.” 47 U.S.C. § 214(e)(2). In
evaluating this public interest element, the Commission has generally considered two factors. See
Order No. 33002 at 2-3; Order No. 33226 at 3. First, the Commission evaluates whether the carrier
contributes to state assistance programs such as the Idaho Telephone Service Assistance Program
(“ITSAP”) and the Idaho Telecommunications Relay Services (“TRS”) program consistent with
Idaho Code § 61-1301. Id. Second, the Commission considers if the designation is sought for only
part of a rural telephone company’s study area, thus leaving some (perhaps less profitable)
customers without service. Id. Such practice, known as “cream skimming,” has been determined
by the Commission to be contrary to the public interest. Id.
Federal regulations include the following additional requirements, which the Commission
has adopted by reference, in evaluating applications for ETC designation: (1) compliance with
service requirements applicable to support received; (2) submission of a plan for proposed
improvements or upgrades to the network (where applicable); (3) demonstrated ability to remain
functional in emergencies without an external power source; (4) demonstrated willingness to
satisfy consumer protection and service quality standards; (5) financial and technical capability to
provide Lifeline service; and (6) notice to affected Tribes where designation is sought for any part
of Tribal lands. See 47 C.F.R. § 54.202; Order No. 29841 at 5, 16.
ORDER NO. 35600 3

For applicants seeking Lifeline-only ETCs, the FCC has waived the requirement to submit
a network improvement and upgrade plan, noting that such ETCs do not receive funds to improve
or extend their networks. Lifeline and Link Up Reform Order, 27 F.C.C.R. 6656, ¶ 386 (“Lifeline
and Link Up Reform Order”). The Commission—which requires a two-year network improvement
plan and progress report (Order No. 29841 at 18) where applicable—has also waived the
requirement where a Lifeline-only ETC is requested. Order No. 35126 at 3.
APPLICATION
The Company seeks ETC designation in Idaho “for the limited purpose of receiving
universal service support to provide wireless services to low-income Idaho households as part of
the Lifeline program.” Application at 4. The Company stated that it does not seek access to funds
from the federal USF for the purpose of participating in the Tribal Link-Up program or providing
service to high-cost areas. However, the Company requested permission to participate in and be
reimbursed from ITSAP.
The Company asserted that it met all federal and state requirements for designation as an
ETC. The Company contended that designating it as an ETC was in the public interest because it
would allow the Company to provide Lifeline service to a wide array of low-income Idaho
residents.
STAFF COMMENTS
Staff reviewed and analyzed the Company’s Application for compliance with the Federal
Act, FCC regulations, state law, and Commission Order No. 29841.
Staff believed the Company satisfied public interest considerations. Staff further believed
the Company complied with the tribal notification requirements. Staff noted the Company was not
required to have a network improvement plan. Staff believed the Company’s underlying carriers
provided sufficient ability for the Company to remain functional in emergencies per Commission
Order No. 29841 and FCC requirement 47 C.F.R, § 54.202(a)(2). Last, Staff believed the
Company’s Application met all the additional requirements for ETC designation as delineated in
the Appendix to Order No. 29841. Staff recommended that the Company’s Application be
approved.
COMMISSION FINDINGS AND DECISION
The Commission has authority to grant ETC designation to a telecommunications carrier
under federal and state law. 47 U.S.C. § 214(e); Idaho Code §§ 62-610D and 62-615(1). The
ORDER NO. 35600 4

Commission has considered the record, including the Company’s Application and Staff
Comments. We now make these findings.
A. Common Carrier, Own Facilities, and Advertising
We first address requirements listed in § 214(e)(1) of the Federal Act. That provision
requires an applicant to be a “common carrier” offering services “using its own facilities or a
combination of its own facilities and resale of another carrier’s services,” unless otherwise granted
FCC forbearance. 47 U.S.C. §§ 153(11), 214(e)(1)(A) and 160(a)(3). The FCC has granted
forbearance from the “own-facilities” requirement to Lifeline-only ETCs provided they comply
with certain 911 requirements and file a compliance plan. Lifeline and Link Up Reform Order. The
Company represented that, as a Lifeline-only ETC, it complied with the Federal Act with the filing
of its December 2012 FCC-approved Compliance Plan. Application at 9-10. The Company stated
its intention to follow 911 requirements governing Lifeline subscribers in accordance with its FCC-
approved Compliance Plan. Id. at 13-14. We find the Company properly complied with the FCC
forbearance regarding the “own facilities” requirement. On the record before us, we find the
Company is also a “common carrier.” See 47 U.S.C. § 153(11).
An applicant seeking ETC designation must also “advertise the availability of such services
and the charges therefor using media of general distribution.” 47 U.S.C. § 214(e)(1)(B). Based on
the record and the Company’s assurances, we find this requirement to also be satisfied.
B. Public Interest and Related ETC Designation Requirements
Under the Federal Act, state commissions shall determine whether granting the requested
ETC designation is “consistent with the public interest, convenience, and necessity.” 47 U.S.C. §
214(e)(2).
First, the Company committed to offering Lifeline services to a wide array of low-income
and unserved and underserved Idaho residents. Application at 4, 6; see also 47 C.F.R. § 54.101(d).
We find that the Company’s offering of these services in the service areas promotes the public
interest because these services will assist unserved or underserved people and provide investment
in facilities and equipment in these areas.
We also consider whether the Company would contribute to the appropriate Idaho funds.
Order No. 33002 at 2-3; Order No 33226 at 3. Staff confirmed that the Company would participate
in the appropriate Idaho programs and comply with the Commission’s annual reporting
ORDER NO. 35600 5

requirements. See Staff Comments at 4. We find that the Company’s commitment to participating
in the appropriate Idaho programs advances the public interest.
Next, we consider whether the Company is engaged in “cream skimming,” which we have
found to be contrary to the public interest. Order No. 33002 at 2-3; Order No. 33226 at 3. Because
the Company requested limited ETC designation for the entire state, no cream-skimming analysis
is required.
We therefore find that granting the Company limited designation as an ETC in its requested
service area—the State of Idaho—satisfies the public interest requirements.
C. Remaining Requirements
Finally, we address the six remaining requirements from federal regulations and Order No.
29841. See 47 C.F.R. § 54.202.
(1) Service Requirements for Support Received. We find the Company has sufficiently
committed to meeting these requirements.
(2) Plan for Proposed Improvements or Upgrades to the Network. The FCC and this
Commission have waived the requirement for Lifeline-only ETCs who seek only low-income USF
support to submit a network improvement plan. See Order No. 32501 at 3-4; 47 C.F.R. §
54.202(a)(1)(ii). We find that the Company is not required to submit a network improvement plan.
(3) Ability to Remain Functional in Emergencies. We find the Company has demonstrated
sufficient compliance with this requirement. Application at 13-14.
(4) Willingness to Satisfy Consumer Protection and Service Quality Standards. We are
satisfied with the Company’s assurances as to this requirement. Id. at 14.
(5) Financial and Technical Capability. Based on the Company’s assurances and
description of its financial and technical qualifications, as well as how it interacts and partners
with its parent company, we also find this requirement to be satisfied. Id. at 14-15.
(6) Notice to Affected Tribes We find the Company has sufficiently notified and engaged
Tribal authorities. See July 24, 2022, and August 25, 2022, Supplements to the Company’s
Application; 47 C.F.R. § 54.202(c); Order No. 29841 at 16 (superseded in part by Order No. 35126
at 6).
Based on the above findings, we conclude that the Company has satisfied the federal and
state requirements for limited designation as an ETC carrier. We therefore designate the Company
ORDER NO. 35600 6

an ETC in the State of Idaho for the purpose of providing Lifeline service to qualifying Idaho
consumers and to participate in and receive reimbursement from the ITSAP.
O R D E R
IT IS HEREBY ORDERED that the Company’s Application for limited designation as an
ETC in the State of Idaho is approved.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. Idaho Code § 61-626.
DONE by order of the Idaho Public Utilities Commission at Boise, Idaho this 17th day of
November 2022.

_______________________________________
ERIC ANDERSON, PRESIDENT

_______________________________________
JOHN CHATBURN, COMMISSIONER

_______________________________________
JOHN R. HAMMOND, JR., COMMISSIONER

ATTEST:

___________________________
Jan Noriyuki
Commission Secretary

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