20231213Final_Order_No_36022.pdf

ORDER NO. 36022 1

Office of the Secretary
Service Date
December 13, 2023
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF TEMPO TELECOM’S
APPLICATION FOR DESIGNATION AS AN
ELIGIBLE TELECOMMUNICATIONS
CARRIER
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CASE NO. TEM-T-23-01

ORDER NO. 36022

On August 7, 2023, Tempo Telecom, LLC (“Company” or “Tempo”) applied to the
Commission (“Commission”) for designation as an Eligible Telecommunications Carrier (“ETC”)
in the State of Idaho (“Application”). The Company seeks designation as an ETC for the sole
purpose of providing Lifeline services. The Company requests that it be allowed to participate and
receive reimbursement from the Idaho Telephone Service Assistance Program accordingly
(“ITSAP”).
On October 17, 2023, the Commission issued a Notice of Application and set deadlines for
public comments and the Company’s reply. Order No. 35961. Staff submitted comments. No other
comments were received.
With this Order, we approve the Company’s request for designation as an ETC.
THE APPLICATION
According to the Company, Tempo is part of a corporate structure consisting of several
layers. Tempo is a wholly owned subsidiary of Lingo Management, LLC (“Lingo”); B. Riley
Principal Investments (“BRPI”) owns 100% of Lingo; BRPI is owned by B. Riley Financial, Inc.—
a publicly traded company.
The Company requests a limited designation to be authorized to provide Lifeline service
to qualifying Idaho consumers—including those on federally recognized Tribal lands.
The Company states that the Commission has jurisdiction over this matter and that Tempo
is a common carrier with the ability to provide the telecom services listed in its Application. The
Company requests that its designation as an ETC include the authority to participate in, and receive
reimbursement from, the ITSAP. The Company states that it seeks to provide Lifeline services to
qualifying Idaho customers; with this exception, the Company states that it is not eligible to receive
funds from the Universal Service Fund (“USF”) and is not seeking approval to participate in USF
programs outside of offering Lifeline services.
ORDER NO. 36022 2

The Company asserts that it meets all federal and state requirements for designation as an
ETC. The Company also argues that designating it as an ETC is in the public interest because ETC
designation would allow the Company to offer Lifeline services to qualifying low-income
Idahoans.
The Company further asserts that, if approved, it will offer telecom services—including
calling, text messaging, and broadband access—in a cost-effective manner. The Company states
that this will increase competition and customer service options within an underserved area.
STAFF COMMENTS
Staff reviewed the Company’s Application for compliance with the Federal
Telecommunications Act of 1996 (“Federal Act”), Federal Communications Commission (“FCC”)
regulations, and Commission Order No. 29841.
Staff believes the Company’s proposal satisfies the relevant public interest considerations.
Staff further believes the Company complied with the tribal notification requirements delineated
in Commission Order No. 35126. Staff notes the Company is not required to have a network
improvement plan. Staff believes the Company will remain functional in emergencies per
Commission Order No. 29841 and FCC requirement 47 C.F.R, § 54.202(a)(2). Last, Staff believes
the Company’s Application meets the requirements for ETC designation as delineated in the
Appendix to Commission Order No. 29841.
Staff believes the Company’s designation as a limited ETC is in the public interest and its
Application should be approved.
COMMISSION FINDINGS AND DECISION
The Commission has authority to grant ETC designation to a telecommunications carrier
under federal and state law. 47 U.S.C. § 214(e) (“Federal Act”); Idaho Code §§ 62-610D and 62-
615(1). The Commission has considered the record, including the Company’s Application and
Staff Comments. We now make these findings.
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
ORDER NO. 36022 3

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

ORDER NO. 36022 4

C. Remaining Requirements
Finally, we address the six remaining requirements from federal regulations and Order No.
29841. See 47 C.F.R. § 54.202.
(1) Service Requirements for Support Received. We find the Company has sufficiently
committed to meeting these requirements.
(2) Plan for Proposed Improvements or Upgrades to the Network. The FCC and this
Commission have waived the requirement for Lifeline-only ETCs who seek only low-income USF
support to submit a network improvement plan. See Order No. 32501 at 3-4; 47 C.F.R. §
54.202(a)(1)(ii). We find that the Company is not required to submit a network improvement plan.
(3) Ability to Remain Functional in Emergencies. We find the Company has demonstrated
sufficient compliance with this requirement.
(4) Willingness to Satisfy Consumer Protection and Service Quality Standards. We are
satisfied with the Company’s assurances as to this requirement.
(5) Financial and Technical Capability. Based on the Company’s statements concerning its
financial abilities, technical qualifications, and the Company’s connections with its parent
company and partners, we also find this requirement to be satisfied.
(6) Notice to Affected Tribes. We find the Company has notified Tribal authorities. The
Commission here notes that the Company’s ETC designation shall include federally recognized
tribal lands. See 47 C.F.R. § 54.202(c); Order No. 29841 at 16 (superseded in part by Order No.
35126 at 6).
Based on the above findings, we conclude that the Company has satisfied the federal and
state requirements for limited designation as an ETC carrier. We therefore designate the Company
an ETC in the State of Idaho for the purpose of providing Lifeline service to qualifying Idaho
consumers and to participate in and receive reimbursement from the ITSAP.
O R D E R
IT IS HEREBY ORDERED that the Company’s Application for limited designation as an
ETC in the State of Idaho is approved. Additionally, the Company may participate in the ITSAP
and provide Lifeline services to qualifying Idaho customers.
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 about any matter
ORDER NO. 36022 5

decided in 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 13th day of
December 2023.

_______________________________________
ERIC ANDERSON, PRESIDENT

_______________________________________
JOHN R. HAMMOND, JR., COMMISSIONER

_______________________________________
EDWARD LODGE, COMMISSIONER

ATTEST:

___________________________
Monica Barrios-Sanchez
Interim Commission Secretary
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