20131220Application.pdf

EIGHTY PINE STREET
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Cemr,l GonooN & RnnnEL LLP
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TELEPHONE [phone]
FACSMILE [phone]
Arcrra F. CollrNs I ZOZ-toZ-tSlO I [e-mail]
December 19,2013
AUGUSTINE HOUSE
6A AUSTIN FRIARS
LONDON. ENGLAND EC2N 2HA
(01 l) 44.20.7920.9800FAX: (01 l) 44.20.1920.9825
Via Federal Express
Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
47 2 W . Washington Street
Boise, Idaho 83702
Trn;T- l3-o I
Re: Application of Tempo Telecom, LLC for Designation as an Eligible
Telecommunications Carrier in the State of Idaho for the Limited Purpose of
Offering Lifeline Service to Qualified Households
Dear Ms. Jewell:
Tempo Telecom, LLC ("Tempo") by its attorneys, hereby respectfully submits an
unbound original and seven (7) copies of its Application for Designation as an Eligible
Telecommunications Carrier in the State of Idaho for the Limited Purpose of Offering Lifeline
Service to Qualified Households ("Application").
Please date stamp the exfra copy of this Application and return it in the enclosed,
postage-paid envelope. If you have any questions concerning this matter, please contact the
undersigned.
Respectfu lly submitted,
Counsel for Tempo Telecom, LLC
Enclosures
1 3296039v1
Before the :
IDAHO PUBLIC UTILITIES COMMISSION. r ir r_ 1 il.: - - : .,;:',i ti;: !t3
In the Matter of
Application of Tanpo Telecom, LLC for
Designation as an Eligible
Telecommunications Carrier in the State of
Idaho for the Limited Purpose of Of[ering
Lifeline Service to Qualified Households
Docket No.
APPLICATION OF TEMPO TELECOM, LLC FOR DESIGNATION AS AI\ ELIGIBLE
TELECOMMUNICATIONS CARRIER IN THE STATE OF IDAHO FOR THE
LIMITED PURPOSE OF OFFERING LIFELINE SERVICE TO QUALIFIED
HOUSEHOLDS
Tempo Telecom, LLC ("Tempo"), by its attorneys, and pursuant to Section 214(e)(2)t of
the federal Communications Act of 1934, as amended (the "federal Act"), Section 54.20f of the
rules and regulations of the Federal Communications Commission ("FCC"),3 and the rules and
regulations of Idaho,a hereby submits this Application for Designation as an Eligible
Telecommunications Carrier ("ETC") by the Idaho Public Utilities Commission (the
"Commission"). Tempo seeks ETC designation for Lifeline support only to provide prepaid
wireless services to qualiffing Idaho consumers. Tanpo will not seek access to funds from the
federal Universal Service Fund ("USF") for the purpose of providing service to high cost areas.s
| 47 u.s.c. g 2la(e)(2).2 47 c.F.R. $ 54.201.
3 Tempo files this Application in accordance with the rules adopted by the FCC in Lifeline and Link Up
Reform and Modernization; et a1.,27 FCC Rcd 6656 (2012) ("Lifeline Reform Ordef') and Connect America Fund;
et a1.,26 FCC Rcd 17663 (2011) ("Connect America Fund Ordei').
o Idaho Stat. $ 62-610D; Case No. WST-T-05-I , The Application of WWC Hotding Co., Inc. dba Cellular-
One Seeking Designation as an Eligible Telecommunications Carrier that may Receive Federal Universal Service
Support, Order No. 29841 (Aug. 4,2005) (*EfC Ordef').
' Given that Tempo only seeks Lifeline support and does not seek any high-cost support, ETC certification
requirements for the high-cost program are not applicable to Tempo.
l3239l2lvl
Ternpo seeks designation as an ETC throughout the service area of Sprint (the "Service Area"); a
listing and description of each exchange for which Tempo is seeking ETC status in Idaho is
attached as EIIib!!-6. As demonstrated herein, Tempo meets all the statutory and regulatory
requirements for designation as an ETC in the State of Idaho.
I. OVERVIEW OF TEMPO
Tempo is a commercial mobile radio service ("CMRS") provider that offers prepaid
wireless voice and data services on a resold basis. Tempo does not own any wireless facilities or
hold any FCC wireless licenses. ln addition to prepaid wireless Lifeline service as an ETC,
Tempo will also provide other prepaid wireless voice and data services in Idaho.
In August 2012, Birch Communications, lnc. ("Birch") received approval from the FCC
of its Compliance Plan for the provision of prepaid Lifeline wireless service. A subsidiary of
Birch (Ionex Communications North, tnc. dba Birch Communications) operates as a competitive
local exchange carrier and interexchange carrier in Idaho. The Compliance Plan noted there was
an outstanding question as to whether a separate legal entity should be established to provide
prepaid wireless Lifeline service or whether the service should be provided through one of the
existing Birch entities.
On December 18, 2012, Birch notified the FCC that the prepaid wireless Lifeline service
would be provided by a separate legal entity known as Now Communications, LLC ('Now
Comm"). A copy of that filing is attached as Exhibit L (without attachments) ("Decernber 2012
FCC Filing"). In that filing, Now Comm committed to implement and comply with the
Compliance Plan, and notified the FCC that it adopted the Compliance Plan as its own. The
FCC acknowledged these changes in corporate structure on December 20,2012 in a public
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notice attached as @!!-2,. The FCC indicated that the Compliance Plan would apply to Now
Comm.
Now Comm has since changed its name to Tempo Telecom, LLC. All other statements
in the December 20L2FCC Filing apply equally to Tempo. On May 13,2013, Ternpo notified
FCC staff of its name change,6 and filed with the FCC an amended petition for ETC designation
in the states for which the FCC handles such designations. Tempo also updated the FCC-
approved Compliance Plan to reflect Tempo's adoption of the plan, which is attached as Exhibit
3,. All changes made via the May 13 FCC Amendment are incorporated by reference into the
Compliance Plan. On September 17,2013, Tonpo filed a letter with the FCC to formally notiff
the FCCthat Tempo will comply with and adopt as its own the Compliance Plan filed by Birch,
which was approved by the FCC. This letter is attached as sh!E!!-4, (without attachments). The
FCC's Lifeline website reflects that Tempo has adopted the Birch Compliance Plan:
http://www.fcc.gov/encyclopedia/lifeline-compliance-plans-etc-petitions (under Bureau-
Approved Compliance Plans).
Tempo will utilize the same procedures and operations set forth in the FCC-approved
Compliance Plan for its provision of prepaid wireless Lifeline service. Except as modified
herein and by the May l3 FCC Amendment, Tempo will offer the same prepaid wireless Lifeline
service plan set forth in the Compliance Plan, and will market and advertise its prepaid wireless
Lifeline service in the same manner as described in the Compliance Plan.
Tanpo utilizes the same management and day-to-day operational personnel as currently
utilized by Birch. Birch's current corporate offrcers also are corporate officers of Tempo, and
6 WC Docket No. Og-197, Tempo Telecom, LLC Petitionfor Designation as an Eligible Telecommunications
Carrier pursuant to Section 2U(e)(6) of the Communications Actfor Lifeline Support Only,Tempo Telecom, LLC
Amended Petition for Designation as an Eligible Telecommunications Carrier Pursuant to Section 214(e)(6) of the
Communications Act for Lifeline Support Only (filed May 13, 2013) ("May 13 FCC Amendment").
Tempo is owned by the same ultimate owners of Birch, but is not part of the Birch corporate
family. Birch Equity Partners, LLC (a Georgia limited liability company formerly known as
Birch Capital, LLC) holds a lO}Yoownership interest in Ternpo. The current owners of Birch
(Holcombe Green and R. Kirby Godsey, who in combination hold approximately 75Yo interest in
Birch) own approximately 80% of Birch Equity Partners, LLC, with the rernaining percentage
owned by Vincent Oddo, the Chief Executive Officer ofboth Birch and Tempo. Attached as
Exhibit 5 is a current list of Tempo's officers, along with biographical information for each,
showing that it has the expertise necessary to provide the services specified herein.
Tempo has been granted ETC status in the states of lndiana, Kansas, Missouri, South
Carolina, and Wisconsin. Tempo's request for ETC status is currently pending at the FCC for
those states handled by the FCC, and in the states of Arkansas, California, Georgia, Illinois,
Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Nevada, New
Jersey, Ohio, Utah, Washington, and West Virginia. Ternpo has never been denied ETC
designation by any state commission or by the FCC in connection with any state.
For purposes of providing its prepaid wireless Lifeline and non-Lifeline services, Ternpo
will resell the wireless services of Sprint, which provides wholesale capacity to many wireless
resellers, including other prepaid wireless providers that have received ETC designation. Sprint
will provide Ternpo with the wireless network infrastructure and wireless transmission facilities
needed for Tempo to offer service as a Mobile Virtual Network Operator ("M\/NO").
Tempo will rely on Birch for all other facilities, network, back office, billing, and
customer support functions necessary to provide both its Lifeline and non-Lifeline wireless
services.T Birch is a competitive local exchange carrier ("CLEC") and interexchange carrier
("XC"), and since 1996 has been providing high-quality, cost-effective integrated
communications services and related information technology services to residential and small
and medium-sized business ("SMB") customers. Today, Birch offers a variety of products,
services and tailored solutions including local voice, long distance voice, broadband Internet,
converged Internet Protocol ("IP") solutions, and related telecommunications and IT services. In
addition to Idaho, the Birch family of companies is currently authorized to provide
telecommunications services in 48 other states and the District of Columbia, with an application
pending in Arizona.
As stated above, Exhibit 6 contains information regarding Ternpo's designated Service
Area in Idaho. Specifically, Ternpo's designated Service Area in Idaho is Sprint's wireless
coverage area or Sprint's licensed service area, which comprises a portion of or the entirety of
the exchanges set forth in Exhibit 6. Ternpo will serve any potential customer in the exchanges
listed in Exhibit 6 to the extent resold wireless services are available from Sprint in the
customer's geographic area. The Idaho ETC Order requires an ETC applicant seeking
designation for "any part of tribal lands" to provide a copy of its application to the affected tribal
government or tribal regulatory authority, as applicable.8 Ternpo is not seeking ETC designation
for any tribal lands and therefore does not need to submit such notification.
7 For numerous years, Birch and its affiliates have been providing wireline Lifeline services in 18 states as a
non-ETC reseller using resold services obtained from AT&T, and thus Birch is familiar with the eligibility and
verification procedures applicable to Lifeline service offerings.
r ETC Order,App.A, Section (AX4).
I 3239 l2 I vl
Pleadings, orders, notices and other papers filed or serviced in this matter should be
served upon:
Angela F. Collins
Cahill Gordon & Reindel uP
1990 K Street, N.W., Suite 950
Washington, D.C. 20006
202-862-8930
[e-mail]
II. TEMPO MEETS THE REQUIREMENTS FOR ETC DESIGNATION UNDER
SECTION 214(e) OF THE FEDERAL ACT, SECTION 54.201(d) OF THE FCC'S
RULES, AND IDAIIO LAW
Under Section 2la@)0) of the federal Act, Section 54.201(d) of the FCC's rules, and
Idalro Code g 62-610D(3Xa), a common carrier may be designated as an ETC if it (l) offers the
services supported by federal universal service as determined by the FCC, (2) offers such
services using its own facilities or a combination of its own facilities and resale of another
carrier's services, and (3) advertises the availability ofsuch services and the relevant charges
using media of general distribution.e As set forth below, Ternpo meets these requirernents.
A. Tempo Is a Common Carrier
Wireless carriers are common carriers under federal law.lo Common carriers that provide
service consistent with the requirements of Section 214(e) may be deemed ETCs.rr Tonpo will
be a common carrier by vinue of its provision of wireless services. Therefore, Tempo certifies
that it is a common carrier under 47 U.S.C. $ 21a(eX1) for purposes of ETC designation.12
e 47 u.s.c. g 2la(e)(l); 47 c.F.R. g 5a.201(d); Idaho code g 62-610D(3)(a).
r0 47 U.S.C. g 332(cXt) (an entity providing commercial mobile services is deemed to be a common carrier);
see also 47 U.S.C. $ 332(d)(l) (defrning "commercial mobile service" to be any mobile service that is provide for
profit and makes interconnected service available to the public).
tt 47 U.S.C. g 2la(e)(6) provides that wireless carriers not otherwise subject to state commission jurisdiction
shall be designated as ETCs if they meet the requirements of 47 U.S.C. $ 2la(eXl) consistent with applicable
federal and state law.
t2 See also ETC Order,App. A, Section (A)(l).
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B. Tempo Will Offer the Services Supported by Federal Universal Service
Pursuant to Section 54.101(a) of the FCC's rules, as modified by the Lifeline Reform
Order, and the Idaho ETC Order,l3 carriers seeking ETC designation must provide voice
telephony services.ra Specifically, eligible Lifeline telephony services must provide voice grade
access to the public switched telephone network ("PSTN") or its functional equivalent, minutes
of use for local service provided at no additional charge, access to emergency 9l I and enhanced
9l I seryice in locations where implemented, and toll limitation at no charge (subject to certain
requirements and limitations).ls Tempo certifies that its prepaid wireless Lifeline service
offering satisfies the FCC's definition of voice telephony service, and it will therefore provide all
services designated for support by the FCC and Commission.
Tempo's prepaid wireless Lifeline service offlering will provide voice grade access to the
PSTN through its provision of resold wireless services from Sprint. As described below,
Tempo's prepaid wireless Lifeline service offering will provide a specified number of minutes to
eligible consumers at no additional charge. In addition, as explained below, Ternpo's prepaid
wireless Lifeline service offering will provide consumers with access to 9l I and enhanced 911 to
the extent local governments have implernented such services. Although Tempo understands it
has an independent obligation to provide 9l I and E9l1 services as a reseller,l6 Tempo will rely
on its contractual arrangement with Sprint to provide such emergency services to consumers.
With respect to toll limitation service, the Lifeline Reform Order eliminated the
requirement to provide toll limitation services if the Lifeline offering provides a set amount of
l3
t4
l5
l6
ETC Order, App.A, Section (AX2).
47 C.F.R. $ 5a.l0l(a); Lifeline Reftr* Orderl48.
Lifel ine Refo rm Order \ 48.
47 C.F.R. $ 20.18(m).
l3239l2lvl
minutes that do not distinguish between toll and non-toll calls.lT As explained more below,
Tempo's prepaid wireless Lifeline service offering will be a nationwide calling plan, and will not
distinguish between toll and non-toll calls. Consumers, however, may implement toll control for
international calls to the extent they seek that capability. Moreover, consumers purchasing
Tempo's prepaid wireless Lifeline service offering will have the ability to monitor their minute
usage and balances from their handset, online, or though customer service.
C. Tempo Satisfies the Requirements for Conditional Forbearance from the
Facilities Requirement
Both the federal Act and the FCC's rules require a carrier seeking ETC designation to
offer the supported services using its own facilities or a combination of its own facilities and
resale of another carrier's services.t8 tn the Lifeline Reform Order,however, the FCC decided to
conditionally forbear from application of the federal Act's facilities requirement to all
telecommunications carriers that seek limited ETC designation to participate in the Lifeline
program.'e Specifically, the FCC determined that conditional forbearance from the facilities
requirement would apply if the carrier: (1) complied with certain 9l I requirements and (2) filed
and received approval of a compliance plan providing specific information regarding the
carrier's service offerings and outlining the measures the carrier will take to implernent the
obligations contained in the Lifeline Reform Order as well as further safeguards against waste,
fraud, and abuse as the Wireline Competition Bureau may deern necessary.'0 Tempo certifies
that it meets the requirernents for conditional forbearance.
Tanpo's prepaid wireless Lifeline service offering will comply with the 911
t't
l8
l9
20
Life line Refo rm Order ll 49.
47 U.S.C. $ 2la(e)(l);47 C.F.R. $ s4.201(d).
Lifeline Refor* Order \ 3 68.
Ldeline Reform Order I 368.
requirements outlined in the Lifeline Reform Order necessary for application of conditional
forbearance. Tempo will provide its prepaid wireless Lifeline subscribers with 911 and E9l1
access regardless of activation status and availability of minutes. Tempo will also provide its
Lifeline subscribers with E9l l-compliant handsets and replace, at no additional charge to the
subscriber, any non-compliant handset. As noted above, Tempo will rely on its contractual
arrangement with Sprint to provide 911 and E9l I services to consumers.2l Tempo's MVNO
arrangement with Sprint specifically addresses 9lllB9l I services, and Tempo will supply
handsets that satisff all FCC requirements.
In further support of Tempo's eligibility for the conditional grant of forbearance from the
facilities requirement, Ternpo provides a copy of its Fcc-approved Compliance Plan in Exhibit
f, which was prepared in accordance with the requiranents of the Lifeline Reform Order and the
Public Notice issued by the Wireline Competition Bureau on February 29,2012.22
D. Tempo WiIl Advertise the Availability of the Supported Services and the
Relevant Charges Using Media of General Distribution
Consistent with FCC and Commission rules,23 Tempo will publicizethe availability of its
prepaid wireless Lifeline service offering in a manner reasonably designed to reach those likely
to qualiff for the service.2a Tempo will utilize the FCC's 2004 outreach guidelines for
advertising its prepaid wireless Lifeline service offering.2s Specifically, Tanpo will utilize
outreach materials and methods designed to reach households that currently do not have
2t Tempo understands that it has an independent obligation to provide 9l I and E9l I services as a wireless
reseller, and will utilize its underlying contractual arrangement with Sprint to meet that obligation. See, e.g.,47
C.F.R. $ 20.18(m); Lifeline Reform Order at n.989.
22 Wireline Competition Bureau Provides Guidancefor the Submission of Compliance Plans Pursuant to the
Lifeline Reform Order,27 FCC Rcd 2186 (2012).
23 ETC Order,App. A, Section (AX3); Idaho Code $ 62-610D(3)(b).
24 47 c.F.R. $ 54.405(b).
2s Lifeline and Link Up,19 FCC Rcd 8302, 1|,1[ 4548 (2004).
telephone service, will develop advertising materials for non-English speaking populations
within its designated service area, and will coordinate its outreach efforts with relevant
govemment agencies.
Tempo's advertising for its prepaid wireless Lifeline service offering will include, but not
be limited to, targeted direct mail, advertisements in daily and weekly print periodicals,
billboards, and radio advertising. Tempo will also coordinate with relevant state agencies,
community outreach organizations, and non-profit organizations to make information available
regarding Tanpo's prepaid wireless Lifeline service offering in resource guides and other printed
materials produced by those organrzations, as well as in their offices or other locations visited by
potential Lifeline-eligible subscribers. Tempo will build on the existing relationships with these
organizations that Birch has in connection with Birch's current wireline Lifeline service of[ering
as a non-ETC reseller. Tempo will also advertise through online search engines and third-party
referral agents/dealers. As required under the Lifeline Reform Order, Tempo will ensure the
FCC-required disclosures, ffiy DBA names it uses, and details of the prepaid wireless Lifeline
service offering are contained in all marketing materials.26 An example of Ternpo's marketing
materials is attached as Exhibit 7.
IIL TEMPO MEETS THE ADDITIONAL REQUIREMENTS FOR ETC
DESIGNATION UNDER SECTION 54.202 OF THE FCC'S RULES AI\D IDAHO
LAW
Section 54.202 of the FCC's rules and Idaho law contain certain additional requirements
for a common carrier to be designated as an ETC. As set forth below, Tempo satisfies each of
those requirernents.
Lifeline Reform Order ffi 27 4-282.
10
A. Tempo WilI Comply with the Service Requirements Applicable to Lifeline
Support
Section 5a.202(a)(l) of the FCC's rules requires a common carrier seeking ETC
designation to (l) certiff that it will comply with the service requirements applicable to the
support that it receives and (2) submit a five-year plan for proposed improvements or upgrades to
the applicant's network unless the applicant is seeking Lifeline support only." Tanpo seeks
ETC designation for Lifeline support only. Tempo hereby certifies that it will comply with the
service requirements applicable to Lifeline support. Given that Tempo seeks designation for
Lifeline support only, a five-year network improvanent plan is no longer necessary.2s
The Idaho ETC Order also requires an ETC applicant to submit a "two-year network
improvement plan that describes with specificity proposed improvement or upgrades to the
applicant's network on a wire center-by-wire center basis throughout its proposed designated
service area."Ze Because Tempo is seeking designation for Lifeline support only, however,
Ternpo also is exempt from this two-year network improvement plan requirement.3o
B. Tempo Will Remain Functional in Emergency Situations
Pursuant to Section 5a.202(a)(2) of the FCC's rules and the Idaho ETC Order, a common
carrier seeking ETC designation must demonstrate its ability to remain functional in emergency
sifuations, including a demonstration that it has a reasonable amount of back-up power to ensure
functionality without an external power source, is able to reroute traffic around damaged
facilities, and is capable of managing traffic spikes resulting from emergency situations.3r Sprint
47 C.F.R. $ 5a.202(a)(l).
Lifeline Refor- Order I 386.
ETC Order, App.A, Section (BXl).
Case No. BPP-T-12-01 , Application of Budget Prepay, Inc. dba Budget Mobilefor Designation as an
Eligible Telecommunicqtions Carrier Pursuant 47 U.S.C. S 214(e)(2), OrderNo.32723,3 (Jan. 23,2013).
31 47 C.F.R. g 5a.202(a)(2); see also ETC Order,App.A, Section (BX2).
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ll
will provide Ternpo with the network infrastructure and wireless transmission facilities. The
M'{NO contract arrangement with Sprint imposes certain obligations on Sprint to ensure
Tempo's prepaid wireless Lifeline service offering remains functional during emergency
situations.32 As a large,nationwide wireless carrier, Sprint is subject to regulatory requirements
to remain functional during emergency situations.33 Tempo's MVNO agreement with Sprint also
contains certain quality of service guarantees. As a result Tempo is able to provide to its
customers the same ability to remain functional in emergency situations as currently provided by
Sprint to its own customers, including access to a reasonable amount of back-up power to ensure
functionality without an external power source, re-routing of traffic around damaged facilities,
and the capability of managing traffic spikes resulting from emergency situations.
Tempo will rely on Birch for all other facilities, network, back office, billing, and
customer support functions needed to provide Lifeline and non-Lifeline services. Birch has been
offering telecommunications services since 1996, and thus has significant experience with
ranaining functional in emergency situations. As a successful, profitable CLEC for over 15
years Birch has disaster recovery contingency plans that include diverse/alternate routing,
electronics redundancy, dual data centers geographically separated, and environmental controls
for data and switching centers. Tempo will rely on Birch to apply these same measures to its
prepaid wireless Lifeline service offering to the extent there is an emergency situation affecting
Tempo's operations.
32 While Sprint will provide the underlying wireless services to Tempo, Birch will provide to Tempo the
billing services associated with the prepaid wireless Lifeline product to the Tempo end user customer. The Birch
billing system will be served by two geographically separate data centers for back-up redundancy, one currently
located in Macon, Georgia and the other in Emporia, Kansas.
33 Tempo is also familiar with the continuity and disaster response program Sprint has implemented, which
addresses the need to remain functional during emergency situations.
I 323912 I vl
t2
C. Tempo Will Satisfy Applicable Consumer Protection and Service Quality
Standards
Section 5a.202(a)(3) of the FCC's rules and the Idaho ETC Order require a cofllmon
carrier seeking ETC designation to demonstrate that it will satisff applicable consumer
protection and service quality standards.3a Tempo will satisfu applicable consumer protection
and service quality standards. Tempo will apply Birch's consumer protection and service quality
standards.3s As a CLEC/IXC, Birch is currently subject to the consumer protection and service
quality standards promulgated by the Commission and the states in which Birch operates. These
same practices apply to Tempo's prepaid wireless Lifeline service product. Tempo will satisff
all consumer privacy protection standards as provided in 47 C.F.R. $ 64, Subpart U as applicable
and will protect Customer Proprietary Network Information ("CPNI") as required by state and
federal law and will certiff compliance with the same on an annual basis. Tempo will also
comply with the Cellular Telecommunications and Intemet Association's Consumer Code for
Wireless Service to satisff this requirement.36
D. Local Usage Plan
Pursuant to the Idaho ETC Order, an ETC applicant must "provide a description of its
local usage plans and a description of the local usage plan(s) of the incumbent local exchange
carrier (ILEC)."37 The FCC has determined that carriers may satisff the obligation to provide
47 C.F.R. $ 5a.202(a)(3); see also ETC Order, App.A, Section (BX3). Pursuant to FCC rules, Tempo will
annually certifu that it is in compliance with applicable service qualrty standards and consumer protection rules. 47
c.F.R. $ 54.422(bX3).
Birch's customer call centers also are located in Macon, Georgia and Emporia, Kansas. Birch has received
recognition for its excellent customer service in the past. See, e.g., *Birch Communications Receives Customer
Service Recognition' (March 4,2013), http://wrvw.birch.com/about/03042013.aspx. Birch will apply those same
customer service practices to Tempo customers.
36 47 c.F.R. g 5a.202(a)(3).
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ETC Order, App. A, Section (B)(4).
l3
local usage via service offerings that bundle local and long distance minutes.3s Tempo's
proposed prepaid wireless Lifeline service offerings meet these requirements.
E. Tempo Is Financially and Technically Capable of Providing Lifeline Services
in Accordance with the FCC's Rules
Ternpo has the financial and technical capability to provide Lifeline service. Section
5a.202(a)@) of the FCC's rules requires a common carrier seeking ETC designation for Lifeline
support to dernonstrate it is financially and technically capable of providing Lifeline service in
compliance with the FCC's rules.3e The FCC stated that the "relevant considerations" for
satisfuing this requiranent would be whether the applicant previously offered services to non-
Lifeline consumers, how long the applicant has been in business, whether the applicant intends to
rely exclusively on universal service fund disbursements to operate, whether the applicant
receives funds from other sources, and whether the applicant has been subject to enforcement
action or ETC revocation proceedings in other states.ao Tempo satisfies these criteria.
Tempo is financially capable of offering Lifeline services. Ternpo does not intend to rely
exclusively on universal serice fund disbursernents to operate, and will receive revenues from
other sources. Ternpo offers prepaid wireless voice and data services across the United States.
Tempo's core business will be the provision of wireless voice and data services to non-Lifeline
customers. Based on its forwardJooking business and financial plans, Tempo projects that the
majority of its target customer base will not be eligible to receive Lifeline service.
Further, Ternpo has sufficient operating capital to provide prepaid wireless Lifeline
services. In May 2013, the individual owners of Birch Equity Partners, LLC (formerly known as
Birch Capital, LLC) (Tempo's sole mernber) pledged a significant amount of funding to the
38
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40
Lifeline Reform Order I 49.
47 C.F.R. 5 5a.202(a)$); see also Lifeline Reform Orderl387.
Lifeline Reforn Order \ 388.
l4
company. Tempo started offering service in September 2013, and began accruing revenues from
its prepaid non-Lifeline wireless voice and data services at that time.
As a new entity, Tempo has not been subject to any enforcement proceedings or ETC
revocation proceedings. Birch has not been subject to an abnormal number of enforcement
proceedings given the significant number of customers it serves and the more than 15 years it has
been offering service, and has not been subject to any enforcement proceeding with respect to
Lifeline services.
The management and ultimate owners of Ternpo are intimately familiar with the financial
and technical needs of a telecommunications company. As noted above, Tempo utilizes the
same management and day-to-day operational personnel as currently utilized by Birch, a
company that has been operating as a successful competitive local exchange carrier since 1996.
Birch's current corporate officers are also corporate officers of Tempo, and Tempo is owned by
the same ultimate owners of Birch (but is not part of the Birch corporate family). In addition,
Ternpo relies on Birch for various network facilities, back office, billing, and customer support
functions necessary for Ternpo to provide both its Lifeline and non-Lifeline services.
Finally, Tempo is reselling the wireless services of Sprint for both its Lifeline and non-
Lifeline services. Sprint provides wholesale capacity to numerous wireless resellers. As with
several other prepaid wireless providers, Sprint will provide Tempo with the network
infrastructure and wireless transmission facilities needed for Tempo to offer service as a MVNO.
Sprint is a large, nationwide catrier, and serves several other MVNOs offering wireless Lifeline
15
products.al Ternpo's partnership with Sprint further demonstrates Tempo is technically and
financially capable of providing a prepaid wireless Lifeline service.
F. Tempo Will Provide Prepaid Wireless Lifeline Service Plans to Eligible
Consumers
Section 5a.202(a)(5) of the FCC's rules require a corrmon carrier seeking ETC
designation for Lifeline support to submit information describing the terms and conditions of the
voice telephony plans offered to Lifeline subscribers, including details on the number of minutes
provided as part of the plan, additional charges for toll calls (if any), and rates for each such
planl' At this time, Tempo plans to offer the following prepaid wireless Lifeline plans at no
charqe to the customer:
Lifeline 150
150 nationwide minutes with the ability to rollover unused minutes to the next month
Lifeline 250
250 nationwide minutes
Either option also will provide the customer with:
o Wireless handset (there are several handset options) - at least one free choice and the
possibility of additional choices
o Voicemail
National texting, with three (3) texts counting as one (1) minute of use
9l I and E9l I access as available
o Custom calling features such as call waiting, call forwarding, and caller ID
o Web/Internet usage, with I megabyte (MB) counting as two (2) minutes of use
(Web/Internet access dependent on handset)
4t Based on filings made with the FCC, it appears Sprint also provides underlying MVNO services to other
carriers such as PlatinumTel, i-wireless, and CAL Communications, which also have sought ETC desigaation from
the FCC.42 47 c.F.R. g sa.2o2(a)(s).
l3239l2lvl
. Option for international calling with per-minute pricing based on the country to be called,
which will be provided to the consumer when opting for this capability (will be offered in future)
o Option to purchase additional minutes (which can also be used for texting and
Web/Internet access as described above) anytime during the month that are available for 30 days
from purchase (and will carry over into the next month) at the following rates:
Price
There will be no initial connection charges or hookup fees, other than any that may be required
by regulatory bodies.
The 800 number for customers to call to qualiff for Lifeline services is l-877-822-8501.
The rates, terms, and conditions of Tempo's Lifeline service are available at
www.mytempo.com, and will be provided to customers upon enrollment in the Lifeline program.
Voicernail, call waiting, call forwarding, and caller ID will be provided as part of the standard
Lifeline service package at no additional charge to the Lifeline customer. Ternpo also offers its
customers access to operator services, the ability to make "long distance" telephone calls, and
access to directory assistance services by dialing "411" through Birch's facilities or through
arrangements with Sprint.
Tempo's planned prepaid wireless Lifeline service offering is consistent with the federal
Act's requirement that consumers have access to quality services at'Just, reasonable, and
affordable rates,"43 and is consistent with the FCC's findings that Lifeline consumers should
have the option to purchase bundled packages, additional calling features, and optional voice
.AAservlces. "
47 U.S.C. $ 254(bXl).
Lifeline Reform Order \ 317 .
43
44
Additional Minutes
l3239l2lvl
t7
IV. TEMPO MEETS THE REQUIRBMENTS FOR LIFELINE SERVICES IINDER
SECTION 54.405 OF THE FCC'S RULES
Under Section 54.405 of the FCC's rules, an ETC has certain obligations to ofFer Lifeline
service.a5 Tempo understands these obligations and will meet them as described below.
A. Tempo WilI Make Lifeline Service Available as Defined under the FCC's
Rules
Section 54.a05@) of the FCC's rules requires an ETC to make available Lifeline service,
as defined in Section 54.401of the FCC's ru1es,46 to qualiffing low-income consumers.o'
Tempo certifies that its prepaid wireless Lifeline service offering will conform to the definition
of "Lifeline" in the FCC's rules.
B. Tempo WiIl Publicize the Availability of Lifeline Service
Section 54.405(b) of the FCC's rules requires an ETC to publicize the availability of
Lifeline service in a manner reasonably designed to reach those likely to qualiff for the service.as
As described above, Tempo will publicizethe availability of its prepaid wireless Lifeline service
offering in a manner reasonably designed to reach eligible consumers.
C. Tempo Will Include Certain Disclosures on Materials Describing Its Lifeline
Servicer lncluding the Name of the ETC
Sections 5a.a05(c) and (d) of the FCC's rules require an ETC to make certain disclosures
on all materials describing the Lifeline service offering, including the name of the ETC.ae As
noted above, Tempo will ensure that all materials describing its prepaid wireless Lifeline service
of;flering use easily understood language to indicate that the service is a Lifeline service, that
Lifeline is a government assistance program, that the service is non-transferrable, that only
47 C.F.R. $ 54.405.
47 C.F.R. $ 54.40r.
47 C.F.R. $ 54.405(a).
47 C.F.R. $ 54.405(b).
47 C.F.R. $ 54.405(c), (d).
45
46
47
48
49
l8
eligible consumers may enroll in the program, and that the program is limited to one discount per
household as required under the rules.sO Tempo will also ensure that all materials describing its
prepaid wireless Lifeline service offering utilize the Ternpo brand as the name of the ETC
providing services.sl Tanpo understands that the term "materials describing the seryice" include
all print, audio, video, and web materials used to describe or enroll in the Lifeline service
offering, including application and certification forms. s2
D. Tempo Will Comply with the FCC's De-Enrollment Procedures
Section 5a.a05(e) of the FCC's rules requires an ETC to impose certain de-enrollment
procedures for Lifeline services.53 Ternpo will comply with the FCC's de-enrollment procedures
as described more fully in the Compliance Plan set forth in Exhibit 3. As discussed in the
compliance plan, Ternpo will de-enroll Lifeline customers for duplicative support, for non-usage,
and for failure to re-certiff, and will have general de-enrollment procedures in place.
V. TEMPO WILL COMPLY WITH THE FCC'S CONSUMER CERTIFICATION
AND ANNUAL VERIFICATION REQUIRJMENTS
As discussed at length in its Fcc-approved Compliance Plan, set forth in s!j!!!f, in
Idaho, Tempo will offer its prepaid wireless Lifeline service to households receiving benefits
from a qualifying state or federal assistance program or with an income at or below 135% of the
Federal Poverty Guidelines.so Tempo certifies that will veriff the eligibility of its Lifeline
47 C.F.R. $ sa.aO5(c).
47 C.F.R. $ s4.405(d).
47 C.F.R. $ 5a.405(c).
47 C.F.R. $ 54.40s(d).
47 C.F.R. $ 54.409(a); Liftline Reform Orderl65; see a/so Community Action Partnership of Idaho,
Frequently Asked Questions, availqble at http:llwww.idahocommunityaction.org/programs/programstelephone-
service-assistance/idaho-telephone-service-assistance-program-isap-frequently-asked-questions-htmV.
50
5l
52
53
54
l3239l2lvl
t9
subscriberbase after 2}l2s5 in accordance with Section 54.409 and 54.410 of the FCC's rules.56
As set forth in the FCC-approved Compliance Plan, Tempo has established processes for
ensuring Lifeline services are provided only to eligible customers, including procedures for
confirming consumer eligibility, enrolling eligible customers, re-certiffing eligibility at regular
intervals, and recordkeeping. Tonpo's certification form will collect identiffing information
about the prospective Lifeline recipient, certify his or her eligibility to receive it, and require the
consumer to acknowledge the terms and conditions of the Lifeline program as delineated by the
FCC.57
Attached as Exhibit 8 are updated versions of Tempo's initial enrollment and
certification form (updated from those included in the FCC compliance Plan), which will also be
used for re-certification as explained in Tempo's approved Compliance Plan. Tempo has revised
its forms based on a request from FCC staff to include a statement that not all Lifeline services
are marketed under the "Lifeline" name, and may be offered under other names, and to clarify
that certain consumer information will be provided to the Universal Service Administrative
Company for the purpose of veriffing eligibility and maintaining the information in a database.
Tempo has made similar changes to its script for third party verification ("TPV") of Lifeline
eligibility, and has informed its customer service representatives to include these statements in
any oral disclosures given to potential Lifeline customers. Tempo also confirms that it will
comply with any future Commission, FCC, or USAC guidance, directives, or rule changes
regardingtheLifelineprogram.Asdocumentedin@!.EtotheFCC-approved
5s Lifeline Refor* Order I 133. As Tempo did not have a Lifeline subscriber basis as of June I , 2012, the
FCC'sJanuary3l,2013recertificationrequirementisinapplicable. ld.ffi130,132("[T]heruleweadopttodaywill
apply to all Lifeline subscribers enrolled in the program as of June l,2012).56 47 u.s.c. $$ 54.409, s4.4to.s7 See 47 C.F.R. $$ 54.405(c), 54.409,5a.410(a)-(d); Ldeline Reform Orderll2l.
13239121v1
20
Compliance Plan, Tonpo has designated an annual recertification process that fulfills the
requirements set forth by Section 54.4I0(D of the FCC's rules.s8
VI. DESIGNATION OF TEMPO AS A LIFELINE-ONLY ETC IS IN THE PUBLIC
INTEREST
Section 54.202(b) of the FCC's rules requires the FCC make a public interest finding
prior to making an ETC designation.se Tempo's designation as a Lifeline-only ETC will bring
increased competitive choice and unique advantages to qualiffing Idatro consumers, on the part
of a carrier with a demonstrated commitment to quality. The goals of universal service mandated
by Congress are therefore served by designation of Tanpo as a Lifeline-only ETC.60
Ternpo's ETC designation will bring another competitive alternative to low-income
consumers in Idaho, and will exert further competitive pressures on existing wireless Lifeline
providers operating in Idaho. This furthers the federal Act's goal of ensuring that quality
communication services are available at'Just, reasonable, and affordable rates."6l As the FCC
has obserwed, "an important goal of the [federal] Act is to open local telecommunications
markets to competition. Designation of competitive ETCs promotes competition and benefits
consumers in rural and high-cost areas by increasing customer choice, innovative services, and
new technologies."62
As explained above, Tempo seeks to offer a comprehensive wireless communications
solution to the qualiffing consumer at no charge. Tanpo's ETC designation provides accessible,
58 47 U.S.C. $ 54.410(f). To fulfill the Commission's annual reporting and certification requirements, Tempo
certifies that it will maintain records to document compliance with all FCC and Commission requirements pursuant
to FCC rules. 47 C.F.R. g 5a.al7(a). Tempo also certifies that it will comply with the FCC's annual reporting rules
promulgated by 47 C.F.R. $ 54.422.
se 47 c.F.R. $ 54.202(b).60 47 u.s.c. $ 254.61 47 u.s.c. $ 2s4(bxl).
62 Federal-State Joint Board on (Jniversal Service, l6 FCC Rcd 48, fl l7 (2000).
13239l2lvl
2t
technologically advanced services to a portion of the public that may not otherwise be able to
obtain telecommunications services. Prepaid wireless senrices like those offered by Tempo also
offer consumers convenience, control over their telecommunications spending without the
imposition of high monthly fees, and the ability to pay for only those services needed. Such
advantages directly fulfill the goals of universal service promulgated by Congress and the FCC.63
CONCLUSION
WHEREFORE, for the forgoing reasons, Tempo respectfully requests that the
Commission expeditiously designate it as an ETC for the provision of prepaid wireless Lifeline
services in the State of ldaho.
Respectfully submitted,
Dated: Decenrber 19, 2013
1990 K Street, N.W., Suite 950
Washington, D.C. 20006
202-862-893 0 (telephone)
866-8 I 4-6582 (facsimile)
[e-mail]
Its Attorneys
l3239l2lvl
47 U.S.C. $ 254.
22
VERIFICATION
I, Jamie Sark, SeniorProjects Manager forTempo Telecom, LLC, have reviewed and am
familiar with the forcgoing document. Thc statcments in the foregoing document are true of my
own knowledge, except as to matters which are herein stated on information and beliel and as to
those matters, I believe them to be tnre.
TEMPO TELECOM, LLC
, /"Dater I
Title: Senior Projects Managcr for Tempo
Telecom, LLC
Exhibit I
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
EXHIBITS
December 2012 FCC Filing
FCC Public Notice
FCC-Approved Compliance Plan
September 2013 FCC Letter
Officer Biographies
Tempo Designated Service Area in ldaho
Marketing Materials
Enrollment and Certification Form
EXHIBIT 1
EIGHTY PINE STREET
NEw YoRK, N Y. 10005-1702(212) 70r-3000FAX: (212) 269-s420
Canrr,r, Gonoou & RUNoEL LLP
Surrp 950
1990 K SrREEr, N.W.
WasurNcroN, D.C. 20006-l 181 AUGUSTINE HOUSE6A AUSTIN FRIARS
LONDON, ENGLAND EC2N 2HA(01r) 44.20.7920.9800FAX: [phone]TELEPHONE [phone]
FACSTMTLE (202)862-89s8
ANGELA F. CollrNs I zoz-toz-tslo I [e-mail]
December 18,2012
VIA ECFS
Marlene H. Dortch
Secretary
Federal Communications Commission
445lzth Street, SW
Washington,DC 20554
Re: WC Docket Nos. 09-197,ll-42
Dear Secretary Dortch:
Birch Communications, Inc. ("Birch") and Now Communications, LLC ("Now Comm"),
by their afforneys, respectfully notifu the Federal Communications Commission ("Commission")
that Now Comm with comply with and adopt as its own the Compliance Plan filed by Birch and
approved by the Commission on August 8,2012.1
Now Comm is a Georgia limited liability company, which is in the process of registering
with the Commission for domestic interstate authority and obtaining authorization from the
Commission for the provision of international telecommunications services. Now Comm is also
in the process of obtaining telecommunications authority at the state level in Alabama, Arkansas,
Florida, Georgia, Illinois,Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, North
Carolina, Oklahoma, Ohio, South Carolina, Tennessee, Texas, and Wisconsin. In addition to
prepaid wireless Lifeline service, Now Comm will also provide the wireline Lifeline services
currently provided by Birch and its affiliates as a non-ETC reseller in the l8 above-listed states.2
Sprint will provide Now Comm with the network infrastructure and wireless transmission
facilities needed for Now Comm to offer service as a Mobile Virtual Network Operator
("M\rNO"). Specifically, Birch's current contract with Sprint will be assigned to Now Comm.3
In addition, Now Comm will rely on Birch for all other facilities, network, back office, billing,
and customer support functions necessary to provide both its Lifeline and non-Lifeline services.
' WC Docket Nos. 09-197 and ll-42, Wireline Competition Bureau Approves the Compliance Plans of Birch
Communications, Boomerang Wireless, IM Telecom, Q Link Wireless, and TAG Mobile,Public Notice, DA 12-1286
(rel. Aug. 8,2012); see also Lifeline Compliance Plans & ETC Petitions, http://www.fcc.gov/encvclopedia/lifeline-
compl iance-plans-etc-petitions.
2 Petition at2 (explaining Birch's provision of Lifeline services as a non-ETC reseller in l8 states). Birch
and Now Comm will obtain any necessary regulatory approvals to execute the transfer of existing Birch customers
from Birch to Now Comm.
3 Petition at2 (explaining Birch's relationship with Sprint).
8961691v'l
Birch noted in the Compliance Plan that it was reviewing whether a separate legal entity
should be established for the provision of prepaid wireless Lifeline service or whether the service
should be provided through one of the existing Birch entities.o In that regard, Birch hereby
notifies the Commission that the prepaid wireless Lifeline service will be provided by a separate
legal entity known as Now Communications, LLC.
Now Comm will implement and comply with the Birch Compliance Plan approved by the
Commission on August 8,2012,s and hereby adopts the Birch Compliance Plan as its own. Now
Comm will utilize the same procedures and operations set forth in the Birch Compliance Plan for
its provision of prepaid wireless Lifeline service, and will use the same draft application and
verification forms attached to the Birch Compliance Plan. Now Comm will offer the same
prepaid wireless Lifeline service plan set forth in the Birch Compliance Plan, and will market
and advertise its prepaid wireless Lifeline service in the same manner as described in the Birch
Compliance Plan. A copy of the Birch Compliance Plan adopted by Now Comm is attached.
Birch and Now Comm have also filed amendments to the pending designation petitions
previously filed by Birch to reflect Now Comm's adoption of the Birch Compliance Plan and to
request that Now Comm, not Birch, be the entity designated as an eligible telecommunications
carrier.6
Now Comm will utilize the same management and day-to-day operational personnel as
currently utilized by Birch. Birch's current corporate officers will also be corporate officers of
Now Comm. Now Comm will be owned by the same ultimate owners of Birch, but will not be
part of the Birch corporate family.T
o Compliance Plan at n.3.
' WC Docket Nos. 09-197 and ll-42, Wireline Competition Bureau Approves the Compliance Plans of Birch
Communications, Boomerang Wireless, IM Telecom, Q Link Wireless, and TAG Mobile, Public Notice, DA 12-1286
(rel. Aug. 8,2012); see also Lifeline Compliance Plans & ETC Petitions, http://www.fcc.gov/encyclooedia/lifeline-
compl iance-olans-etc-petitions.
u On April27,2}l2,Bfuch filed a petition for designation as an eligible telecommunications carrier (*ETC")
for Lifeline service only for the states of Alabama, Florida, North Carolinq and Tennessee. On November 29,2012,
Birch filed a petition for designation as an ETC for Lifeline service only for the state of Texas. On December 18,
2012,Birch and Now Comm filed amendments to these pending petitions to reflect Now Comm's adoption of the
Birch Compliance Plan and the parties' request that ETC status be granted to Now Comm rather than Birch. Birch
will not provide Lifeline services as an ETC in any state.
' Specifically, Birch Capital, LLC (a Georgia limited liability company) holds a 1007o ownership interest in
Now Comm. The current owners of Birch (Holcombe Green and R. Kirby Godsey, which in combination hold a
98%o interest in Birch) own approximalely 90o/o of Birch Capital, LLC, with the remaining percentage owned by
Vincent Oddo, the Chief Executive Officer of both Birch and Now Comm. .See Birch Compliance Plan at 4-5
(discussing ownership of Birch).
8961691v1
Page 3
Please contact the undersigned if you have any questions regarding this matter
Respectfully submitted,
#^*"{ww
Angela F. Collins
Counsel to Birch Communications,Inc. and
Now Communications, LLC
Attachment
cc: Garnet Hanly (via electronic mail)
&161691vl
EXHIBIT 2
.':-G PUBLIG NOTIGE
Federa! Gommunications Gommission
M5 12th St., S.W.
Washington, D.C.20554
News Media tnformation 202 14184500
lnternet: http ://www.fcc. gov
TTY:1{88{35-5322
DA 12-2068
Release Date: December 20,2012
WIRELINE COMPETITION BUREAU SEEKS COMMENT ON PETITIONS FOR
DESIGNATION AS A LOW.INCOME ELIGIBLE TELECOMMUNICATIONS CARRIER
FILED BY NOW COMM, ZING PCS, LTS, ODIN WIRELESS AND TX MOBILE
WC Docket No. 09-197
Comment Date: January 2212013
Reply Comment Date: February 5,2013
The Wireline Competition Bureau seeks comment on petitions filed by Birch Cornmunications,
Inc. (Birch) and Now Communications, LLC (collectively, Now Comm),r FLATEL Wireless, Inc. dba
ZING PCS (ZING PCS),2 LTS of Rocky Mount, LLC (LTS),3 Prepaid Wireless Retail, LLC dba Odin
I Birch Communications, Inc. Petition for Designation as an Eligible Telecommunications Carrier Pursuant to
Section 2l (eX6) of the Communications Act for Lifeline Support Only in the State of Texas, WC Docket No. 09-
197 (filed Nov. 29, 2012): Amendment to Birch Communications, Inc. Petition for Designation as an Eligible
Telecommunications Carrier Pursuant to Section 2la@)(6) of the Communications Act for Lifeline Support Only in
the State of Texas, WC Docket No. 09-197 (filed Dec. 18,2012) (collectively, Now Comm Amended Petition)
(amending the petition to reflect that Birch's prepaid wireless Lifeline service will be provided by a separate legal
entity known as Now Communications, LLC and subject to Birch's compliance plan). See also Letter from Angela
F. Collins, Counsel to Birch and Now Comm, to Marlene H. Dortch, Secretary, Federal Communications
Commission, WC Docket Nos. 09-197, 11-42 (filed Dec. 18, 2012) (Now Comm explains that it will adopt and
adhere by Birch's approved Compliance Plan and its business structure). Now Comm will have the same owners as
Birch, including the same management and dayto-day operational personnel as currently utilized by Birch. See
Now Comm Amended Petition at 2-3.
The Wireline Competition Bureau has approved Birch's compliance plan, which will also apply to Now Comm. See
l{ireline Competition Bureau Approves the Compliance Plans oJ'Birch Communications, Boomerang Wireless, IM
Telecom, Q Link LYireless and TAG Mobile, WC Docket Nos. 09-197 and ll-42,27 FCC Rcd 9184 (Wireline Comp.
Bur. 2012); see also Lifeline and Link Up Reform and Modernization et al., WC Docket No. I I -42 er a/., Report and
Order and Further Notice of Proposed Rulemaking, 27 FCC Rcd 6656, 6816, para. 380 (2012) (Lifeline Reform
Order).
' fLRtgL Wireless, Inc. dba ZING PCS Petition for Limited Designation as an Eligible Telecommunications
Carrier in Alabama, Connecticut, Delaware, the District of Columbia. Florida, New Hampshire, New York, North
Carolina, Tennessee, Texas and Virginia, WC Docket No. 09-197 (filed Dec. 14,2012) (ZING PCS Petition). ZING
PCS has a compliance plan pending with the Commission and may not be designated as an ETC until its plan has
been approved by the Wireline Competition Bureau. See FLATEL Wireless, Inc. dba ZING PCS Amended
Compliance Plan, WC Docket Nos. 09-197 andll-42 (filed Nov. 14,2012); see olso, Lifeline Reform Order,27
FCC Rcd at 6816, para. 380.
3 LTS of Rocky Mount, LLC Petition for Limited Designation as an Eligible Telecommunications Carrier in
Alabama, Connecticut, Delaware, the District of Columbia, Florida, New Hampshire, New York, North Carolina,
Tennessee and Virginia, WC Docket No. 09-197 (filed Oct. 31,2012) (LTS Petition). LTS has a compliance plan
pending with the Commission and may not be designated an ETC until its plan has been approved by the Wireline
Competition Bureau. See LTS of Rocky Mount, LLC Compliance Plan, WC Docket Nos. 09-197 and I l-42 (filed
Oct. 31, 2012); see also, LiJbline R".ftr* Order,27 FCC Rcd at 6816, para. 380.
Wireless (Odin Wireless),4 and TX Mobile, LLC (TX Mobile),5 for limited designation as an eligible
telecommunications carrier (ETC) for the provision of Lifeline service. LTS and TX Mobile each seek
designation as an ETC for the limited purpose of offering Lifeline service in Alabama, Connecticut,
Delaware, District of Columbia, Florida, New Hampshire, North Carolina, New York, Tennessee and
Virginia.6 ZING PCS and Odin Wireless each seek designation as an ETC for the limited purpose of
offering Lifeline service in Alabama, Connecticut, Delaware, District of Columbia, Florida, New
Hampshire, North Carolina, New York, Tennessee, Texas and Virginia. Now Comm seeks ETC
designation for the limited purpose of offering Lifeline service in Texas.T
Pursuant to sections 1.415 and 1.419 of the Commission's rules, interested parties may file
comments and reply comments on or before the dates indicated on the first page of this document.
Comments may be filed using the Commission's Electronic Comment Filing System (ECFS).8
Electronic Filers: Comments may be fiIed electronically using the Internet by accessing the
ECFS : http ://{ allfoss.fcc.gov/ecfs2/.
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial ovemight courier, or by first-
class or ovemight U.S. Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
. All hand-delivered or messenger-delivered paper filings for the Commission's Secretary
must be delivered to FCC Headquarters at445 l2th St., SW, Room TW-A325,
Washington,DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
a Prepaid Wireless Retail, LLC dba Odin Wireless Petition for Limited Designation as an Eligible
Telecommunications Carrier in Alabama, Connecticut, Delaware, the District of Columbia. Florida, New
Hampshire, New York, North Carolina, Tennessee, Texas and Virginia, WC Docket No. 09-197 (filed Dec. 10,
2012) (Odin Wireless Petition). Odin Wireless has a compliance plan pending with the Commission and may not be
designated an ETC until its plan has been approved by the Wireline Competition Bureau. See Prepaid Wireless
Retail, LLC dba Odin Wireless Compliance Plan, WC Docket Nos. 09-197 andll-42 (filed Dec. 1A,2012); see
also, Lifeline Reform Order,27 FCC Rcd, at 6816, para. 380.
5 TX Mobile, LLC Petition for Limited Designation as an Eligible Telecommunications Carrier in Alabama,
Connecticut, Delaware, the District of Columbia, Florida, New Hampshire, New York, North Carolina, Tennessee
and Virginia, WC Docket No. 09-197 (filed Nov. 26,2012) (TX Mobile Petition). TX Mobile has a compliance
plan pending with the Commission and may not be designated an ETC until its plan has been approved by the
Wireline Competition Bureau. SeeTX Mobile, LLC, Compliance Plan, WC Docket Nos. 09-197 and l1-42 (filed
Oct. I 8, 2012); see also, LiJbline Refor* Order,27 FCC Rcd at 68 I 6, para. 380.
u ZING PCS Petition at l-2; LTS Petition at l; Odin Wireless Petition at l; TX Mobile Petition at l.
7 Now Comm Amended Petition at 1-3.
8 See 47 CFR $$ 1.415,1.419; Electronic Filing of Documents in Rulemaking Proceedings,63 FR 24121 (1998).
2
. U.S. Postal Service first-class, Express, and Priority mail must be addressed to M5 126
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities (braille,
large print, electronic files, audio format), send an e-mail to fcc\[e-mail] or call the Consumer &
Governmental Affairs Bureau at 202418 -05 30 (voice), 20241 8-0432 (tty).
The proceeding this Notice initiates shall be treated as a "permit-but-disclose" proceeding in
accordance with the Commission's ex parte rules.e Persons making ex pat'te presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period applies).
Persons making oral ex parte presentations are reminded that memoranda sunmarizing the presentation
must (l) list all persons attending or otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (speci$ing the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staffduring ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte presentations and memoranda summarizing
oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment
filing system available for that proceeding, and must be filed in their native format (e.g., .doc,.xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex
parte rules.
For further information, please contact Divya S. Shenoy, Telecommunications Access Policy
Division, Wireline Competition Bureau at [phone] or TTY [phone].
.FCC-
'42 c.r.R. gg l.l2oo e/seq.
EXHIBIT 3
Tempo Telecom. LLC Compliance Plan
Tempo Telecom, LLC (flWa Now Communications, LLC) has adopted the
following Further Amended Compliance Plan of Birch Communications, Inc. dated
June 29, 2012, which was approved by the Wireline Competition Bureau on
August 8,2012. See Wireline Competition Bureau Approves the Compliance
Plans of Birch Communications, Boomerang Wireless, IM Telecom, Q Link
Wireless, and TAG Mobile, 27 FCC Rcd 91 84 (2012).
The Wireline Competition Bureau confirmed the adoption of the Compliance Plan
by Tempo Telecom, LLC (fNa Now Communications, LLC) on December 20,
2012. See Wireline Competition Bureau Seelcs Comment on Petitions for
Designation as a Low-Income Eligible Telecommunications Carrierfiled by Now
Comm, Zing PCS, LTS, Odin Wireless, and TX Mobile,27 FCC Rcd 15937 (2012)
("The Wireline Competition Bureau has approved Birch's compliance plan, which
will also apply to Now Comm.").
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of
BIRCH COMMUNICATIONS, INC.
Compliance Plan
Petition for Designation as an Eligible
Telecommunications Carrier pursuant to
Section 2la@)$) of the Communications Act
for Lifeline Support Only
WC Docket No.09-197
WC Docket No. 1l-42
)
)
)
)
)
)
)
)
FURTHER AMENDED COMPLIANCE PLAI\ OF BIRCH COMMUNICATIONS,INC.
Birch Communications, lnc. ("Birch"), by its attorneys, respectfully submits this
Amended Compliance Plan to be associated with its Petition for designation as an eligible
telecommunications carrier ("ETC") pursuant to Section 214(e)t of the Communications Act of
1934, as amended (the "Act"), and Section 54.2012 of the rules and regulations of the Federal
Communications Commission ("Commission"), which was filed on April 27,2012 in the above-
referenced matters. Birch's original Compliance Plan was filed May 7,2012, and an amendment
was filed June l, 2012. Birch seeks ETC designation for Lifeline support only to provide
prepaid wireless services under the "NOW Communications" brand name in the non-rural areas
of the following states: Alabama, Florida, North Carolina, and Tennessee (the "Designated
Service Area").3
t 47 u.s.c. g 2la(e).2 47 c.F.R. $ s4.2or.
3 Birch is reviewing whether a separate legal entity should be established for the provision of its prepaid
wireless Lifeline service or whether the service should be provided through one of the existing Birch entities, such
as Birch Telecom of the South, Inc. (FCC Filer ID 820616), which is a subsidiary of Birch and operates as a
certificated carrier in Alabama, Florida, North Carolina, and Tennessee. More information on Birch's corporate
structure is set forth herein.
193043.4
Both the Act and the Commission's rules require a carrier seeking ETC designation to
offer the supported services using its own facilities or a combination of its own facilities and
resale of another carrier's services.a In the Lifeline R"for* Order,however, the Commission
decided to conditionally forbear from application of the Act's facilities requirement to all
telecommunications carriers that seek limited ETC designation to participate in the Lifeline
program.s Specifically, the Commission determined that conditional forbearance from the
facilities requirement would apply if the carrier: (l) complied with certain 911 requirements and
(2) filed and received approval of a compliance plan providing specific information regarding the
carrier's service offerings and outlining the measures the carrier will take to implement the
obligations contained nthe Lifeline Reform Order as well as further safeguards against waste,
fraud and abuse as the Wireline Competition Bureau may deem necessary.6
To avail itself of the Commission's conditional grant of forbearance from the facilities
requirement, Birch provides this Compliance Plan in accordance with the requirements of the
Lifeline Reform Orde/ and the Public Notice issued by the Wireline Competition Bureau on
February 29,2012.8 Specifically, Birch's Compliance Plan provides information regarding
Birch's planned Lifeline service offerings and outlines the measures Birch will take to
implement the obligations contained in the Lifeline Reform Order as well as further safeguards
o 47 u.s.c. g 2la(e)(l);47 c.F.R. $ 54.201(d).
s tyeltne Reform Orderl368.
6 Lyetine Reform Order\368.
7 WC Docket Nos. ll-42,03-l}g,12-23 and CC Docket No. 96-45, Lifeline and Link Up Reform and
Modernization, et al.,FCC l2-ll, Report and Order and FurtherNotice of Proposed Rulemaking, fl 368 ("Lifeline
Reform Ordef').
8 WC Docket Nos. 09-197, 77-42, Wireline Compaition Bureau Provides Guidancefor the Submission of
Compliance Plans Pursuant to the Lifeline Reform Order,Ptblic Notice, DA 12-314 (rel. Feb. 29,2012) ("Public
Noticd').
193043.4
against waste, fraud and abuse. To that end, Birch provides the information requested in the
Public Notice, which indicated compliance plans should contain the following:
(1) Information about the carrier and the Lifeline plans it intends to offer:
(a) names and identifiers used by the carrier, its holding company, operating
company and all affiliates;
Birch is a competitive local exchange carrier ("CLEC") and interexchange carrier
("IXC"), and since 1996 has been providing high-quality, cost-effective integrated
communications services and related information technology services to residential and small
and medium-sized business ("SMB") customers. Today, Birch offers a variety of products,
services and tailored solutions including local voice, long distance voice, broadband Internet,
converged Internet Protocol ("IP") solutions, and related telecommunications and IT services.
Birch is a Georgia corporation with offices located at 3060 Peachtree Road NW, Suite
1065, Atlanta, GA 30305 and 2300 Main Street, Suite 340, Kansas Crty, MO 64108. Birch has
authority to provide interstate and international telecommunications services from the
Commission.e Birch's wholly-owned subsidiary, Birch Communications of Virginia, Inc.,
operates pursuant to Birch's international 214 authority and is registered to provide interstate
telecommunications services.r0 Birch's wholly-owned subsidiary, Birch Telecom, Inc., has
authority to provide international telecommunications services.lt The following wholly-owned
subsidiaries of Birch Telecom, Inc. operate pursuant to Birch Telecom Inc.'s intemational
authority and also provide interstate telecommunications services: Birch Telecom of the South,
Inc., Birch Telecom of the West, Inc., Birch Telecom of the Great Lakes, Inc., Birch Telecom of
Missouri, Inc., Birch Telecom of Oklahoma, Inc., Birch Telecom of Texas Ltd., LLP, Birch
ll
IB File No. ITC-214-19970926-00584, FCC Filer ID 815113.
FCC Filer ID 828502.
IB File No. ITC-214-19990701 -00441.
9
l0
193043.4
Telecom of Kansas, Inc., Birch Communications of the Northeast, Inc., Ionex Communications,
Inc., Ionex Communications South, Inc., and Ionex Communications North, Inc.12 Each of these
subsidiaries also operates under the DiBlA name of "Birch Communications," and certain of
Birch's subsidiaries also serve customers under the brand name "NOW Communications."l3
Customers purchasing Birch's prepaid wireless Lifeline service offering will see the'NOW
Communications" logo. la
The Birch family of companies either offer service or are certificated to offer
telecommunications services as CLECs and intrastate IXCs in the following 38 states: Alabama,
Arkansas, California, Colorado, Delaware, Florida, Georgia, Illinois,Indiana,Iowa, Kansas,
Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri,
Montana, New Jersey, New Mexico, New York, North Carolina, North Dakota, Nebraska, Ohio,
Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia,
Washington, Wisconsin, and Wyoming. The Birch family of companies currently serves
approximately I 1 8,000 customers throughout Birch' s 3 8-state territory.
Birch Communications Holdings, Inc. ("Birch Holdings") owns a 100% voting and
equity interest in Birch. Birch Holdings is a Georgia corporation whose principal business is
t2 Birch Telecom of the South, Inc. (FCC Filer ID 820616), Birch Telecom of the West, Inc. (FCC Filer ID
827985), Birch Telecom of the Great Lakes,Inc. (FCC Filer ID 826636), Birch Telecom of Missouri, Inc. (FCC
Filer ID 819422), Birch Telecom of Oklahoma, Inc. (FCC Filer ID 820061), Birch Telecom of Texas LTD LLP
(FCC Filer ID 819948), Birch Telecom of Kansas, Inc. (FCC Filer ID 807993),IONEX Communications, Inc. (FCC
Filer ID 815376), Birch Communications of the Northeast, Inc. (FCC Filer ID 828483), Ionex Communications
South, Inc. (FCC Filer ID 808,[43), Ionex Communications North, Inc. (FCC Filer ID 815082).
13 These subsidiaries are Birch Telecom of the South, Inc., Birch Telecom of Missouri, Inc., Birch Telecom of
Kansas, Inc., Birch Telecom of Oklahoma, Inc., and Birch Telecom of Texas Ltd., L.L.P. Birch acquired the use of
the "NOW Communications" trade name in an earlier asset acquisition.
t4 Birch is reviewing whether a separate legal entity should be established for the provision of its prepaid
wireless Lifeline service or whether the service should be provided through one of the existing Birch entities, such
as Birch Telecom of the South, Inc. (FCC Filer ID 820616), which is a certificated carrier in Alabama, Florid4
North Carolina and Tennessee.
193043.4
telecommunications holdings. The address for Birch Holdings is 3060 Peachtree Road, NW,
Suite 1065, Atlanta, GA 30305. Below is Birch's organizational chart:
Birch
Communications
of Virginia, lnc.
The following entities and individuals hold a ten percent (10%) or greater direct or indirect
ownership interest in Birch Holdings: (1) Holcombe Green, a U.S. citizen, owns a 66% voting and
equity interest in Birch Holdings and (2) R. Kirby Godsey, a U.S. citizeg owns a 32%o voing arrd
equrty interestrs in Birch Holdings. The business address for both Mr. Green and Mr. Godsey is
3060 Peachtree St., NW, Suite 1060, Atlanta, GA 30305. None of the entities or individuals
holding an interest in Birch or Birch Holdings hold any interests in other telecommunications-
related entities.
" R. Kirby Godsey holds his percentage through his individual holdings and through the R. Kirby Godsey
2008 Grantor Retained Annuity Trust.
Birch Communications
Holdings, lnc.
193043.4
(b) detailed information demonstrating that the carrier is financially and
technically capable of providing the supported Lifeline service in compliance with the
Commission's rulesl
The Commission has stated that the "relevant considerations" for demonstrating that a
carrier is financially and technically capable would be whether the applicant previously offered
services to non-Lifeline consumers, how long the applicant has been in business, whether the
applicant intends to rely exclusively on universal service fund disbursements to operate, whether
the applicant receives funds from other sources, and whether the applicant has been subject to
enforcement action or ETC revocation proceedings in ottrer states.l6 Birch has been operating as
a CLEC/IXC since 1996, and currently operates in 38 states. In addition to the other services it
offers, Birch has been providing wireline Lifeline services in 18 states as a non-ETC reseller
using resold services obtained from AT&T for numerous years. Birch serves approximately
1800 wireline Lifeline customers at this time as a non-ETC reseller. Birch does not, and will not,
rely on universal service fund disbursements to operate - the majority of Birch's funds to operate
will come from the non-Lifeline services it provides throughout its 38-state territory. Birch has
not been subject to an abnormal number of enforcement proceedings given the significant
number of customers it serves and the more than 15 years it has been offering service.
With respect to the prepaid wireless Lifeline service, Birch will resell the wireless
services of Sprint, which provides wholesale capacity to wireless resellers. Like several other
prepaid wireless providers, Sprint will provide Birch with the network infrastructure and wireless
transmission facilities needed for Birch to offer service as a Mobile Virtual Network Operator
("M\rNO"). Sprint is a large, nationwide carrier, and serves several other MVNOs offering
Lifeline Reform Order I 388.
193043.4
wireless Lifeline products.rT Birch's partrership with Sprint further demonstrates that Birch is
technically capable of providing a prepaid wireless Lifeline service.
(c) detailed information, including geographic locations, of the carrier's current
service offerings ifthe carrier currently offers servicel
Please see Birch's response to 1(a) above. Birch currently provides local, toll, domestic
long distance, and international long distance as a CLEC/IXC in the 38 states listed above. Birch
also provides broadband Internet, converged IP solutions, and related telecommunications and IT
services throughout its 38-state service territory.
(d) the terms and conditions of each Lifeline service plan offering, including
rates, the number of minutes provided, and additional charges, if any, for toll callsl and
At this time, Birch plans to offer the following prepaid wireless Lifeline plan at no charse
to an eligible customer:
Basic Plan Prepaid Wireless Lifeline Plan
Wireless handset (there are several handset options) - at least one free choice and the possibility
of additional choicesrs
250 nationwide minutes per month
Voicemail
National texting, with each text sent or received counting as I minute
9l I and E9l1 access as available
Option to purchase additional minutes anytime during the month that carry over for 2 months
Option for international calling with per-minute pricing based on the country to be called, which
will be provided to the consumer when opting for this capability
t7 Based on filings made with the Commission, it appears Sprint also provides underlying M\,INO services to
other carriers such as PlatinumTel, i-wireless, and CAL Communications, which also have sought ETC designation
from the Commission.
r8 Birch is still considering which handsets will be offered, but all handsets will be compliant with all
applicable Commission requirements. Handsets will be offered for free in conjunction with the prepaid wireless
Lifeline product. Based upon market availability and handset prices, the consumer may have a choice of handsets.
Birch is continuing to evaluate the possibility ofoffering premium handsets at an additional cost, but a free handset
will always be offered to every prepaid wireless Lifeline subscriber.
193043.4
Minutes
Available minutes are nationwide, and there are no additional charges for toll calling.
(e) all other certifications required under newly amended section 54.202 of the
Commission's rules.
Section 54.202 of the Commission's rules requires a common carrier seeking ETC
designation to: (1) certify that it will comply with the service requirements applicable to the
support that it receives;le (2) submit a five-year plan for proposed improvements or upgrades to
the applicant's network unless the applicant is seeking Lifeline support ody;'o (3) demonstrate
its ability to remain functional in emergency situations, including a demonstration that it has a
reasonable amount of back-up power to ensure functionality without an external power source, is
able to reroute traffic around damaged facilities, and is capable of managing traffic spikes
resulting from emergency situations;2' (4) demonstrate that it will satisfu applicable consumer
protection and service qualrty standards;22 (5) demonstate it is financially and technically
capable of providing Lifeline service in compliance with the Commission's ru1es;23 and (6)
submit information describing the terms and conditions of the voice telephony plans offered to
l9
20
2l
22
23
47 C.F.R. $ s4.202(a)(l)(i).
47 C.F.R. $ 5a.202(aXlXii).
47 C.F.R. E sa.202(a)(2).
47 C.F.R. $ 54.202(aX3).
47 C.F.R. $ sa.202(a)@).
193043.4
Lifeline subscribers, including details on the number of minutes provided as part of the plan,
additional charges for toll calls (if any), and rates for each such plan.'o
Birch has addressed (5) and (6) above in (lxb) and (lXd), and the five-year plan required
under (2) is no longer applicable given that Birch seeks designation for Lifeline support otly."
With respect to (l), Birch seeks ETC designation for Lifeline support only, and therefore
certifies that it will comply with the service requirements applicable to Lifeline support.
With respect to (3), Birch has the ability to remain functional in emergency situations.
Birch has been offering telecommunications services since 1996, and thus has significant
experience with remaining functional in emergency situations. As aCLEC/IXC, Birch is
currently subject to the Commission's outage reporting rules, as well as the back-up power and
outage requirements in the states in which Birch operates. As a successful, profitable CLEC for
over 15 years Birch has disaster recovery contingency plans that include diverse/alternate
routing, electronics redundancy, dual data centers geographically separated, and environmental
controls for data and switching centers. Birch will apply these same measures to its prepaid
wireless Lifeline service offering to the extent there is an emergency situation affecting Birch's
operations. Birch's M\-INO contract arrangement with Sprint also imposes certain obligations on
Sprint to ensure Birch's prepaid wireless Lifeline service offering remains functional during
emergency situations.26 As a large, nationwide wireless carrier, Sprint is subject to regulatory
24 47 c.F.R. g 5a.202(aX5).
2s Lifetine Reform Orderl386.
26 While Sprint will provide the underlying wireless services to Birch, Birch will provide billing services
associated with the prepaid wireless Lifeline product to the Birch end user customer. The Birch billing system will
be served by two geographically separate data centers for back-up redundancy, one currently located in Macon,
Georgia and the other in Empori4 Kansas.
t93043.4
requirements to remain functional during emergency situations.2T Birch's MVNO agreement
with Sprint also contains certain quality of service guarantees.
With respect to (4), Birch will satisff applicable consumer protection and service quality
standards. As a CLEC llXC, Birch is currently subject to the consumer protection and service
quality standards promulgated by the Commission and the states in which Birch operates. Birch
will apply these same practices to its prepaid wireless Lifeline service product, and will comply
with the Cellular Telecommunications and Intemet Association's Consumer Code for Wireless
Service to satisfu this requirement as permitted by the Commission's rules.28
(2) A detailed explanation of how the carrier will comply with the Commission's new
rules relating to determinations of subscriber eligibitity for Lifeline services, including all
of the consumer eligibility, consumer enrollment and re-certification procedures, as
required by Section VI and Appendix C of the Lifeline Reform Order, and a copy of the
carrier's certification form.
Birch currently offers wireline Lifeline services as a non-ETC reseller. Birch is therefore
intimately familiar with the Commission's procedures for confirming consumer eligibility,
enrolling eligible customers, re-certifuing eligibility at regular intervals, and recordkeeping.
Birch plans to build on that expertise in offering its prepaid wireless Lifeline service offering as
an ETC. Birch has implemented the Commission's Lifeline Reform Order rule changes into its
existing wireline, non-ETC Lifeline program.2e Birch will utilize the same processes outlined
below for both its prepaid wireless Lifeline service (as an ETC) and its wireline Lifeline service
(as a non-ETC reseller) to the extent applicable.
27 Birch is also familiar with the continuity and disaster response program Sprint has implemented, which
addresses the need to remain functional during emergency situations.
28 47 c.F.R. g 5a.202(a)(3).
2e Birch recently received and executed a certification form from AT&T, its underlying provider for its resold
Lifeline services, in which Birch certified its compliance with theFCC's Lifeline Reform Order requirements for
Birch's provision of wireline Lifeline services as a non-ETC reseller.
193043.4
l0
Set forth as Attachment A is an initial draft of Birch's prepaid wireless Lifeline
enrollment and certification forms. Birch is continuing to refine these documents and will make
any necessary changes to the extent the Commission or the Universal Service Administrative
Company ("USAC") issue additional guidance on the language to be contained on enrollment
and certification forms. Birch also confirms that it will comply with any future Commission or
USAC guidance, directives, or rule changes regarding the Lifeline program.
Consumer Elisihilitv
Under its current procedures for its wireline Lifeline offering (as a non-ETC reseller),
Birch utilizes the Texas Low Income Database Administrator database to verifu and document a
Texas consumer's eligibility for Lifeline service. Until a national database is available, Birch
will utilize available state-level databases to verif,i eligibility for its prepaid wireless Lifeline
service offering as required under the Commission's rules. Where state-level database
technology is not available, Birch will require potential customers to provide their proof of
eligibility documentation directly to Birch (either via facsimile, U.S. mail, electronic mail, or
through a Birch-authorized third-party dealer as discussed below). New subscribers can be
added to the Lifeline program through Birch internal sales agents or through Birch-authorized
third-party dealers. Birch currently utilizes approximately 100 third-party dealers for its wireline
Lifeline product (non-ETC reseller), and plans to offer its wireless Lifeline product at those same
locations plus additional locations that would be frequented by the target audience for Lifeline
services. Birch's current third-party dealers include check cashing locations, grocery stores,
computer stores, independent telephone retailers, storage facilities, beauty supply stores, and
pawn shops. Once wireless Lifeline service is implemented, Birch plans to add independent
wireless retailers and mall kiosks to its potential third-party dealer locations.
11
193043.4
In the internal sales agent situation, the potential subscriber would provide its eligibility
documentation to Birch and would complete the enrollment and certification form in paper
format, via third-party verification (or "TPV"), or via electronic signature as described in the
"Enrollment and Certification" section below. As described in more detail below, the handset
would then be shipped to the customer after Birch verifies the customer's eligibility to obtain a
Lifeline product and has obtained all necessary certifications from the customer. The flow-chart
in Attachment B-1 provides more detail on the process using internal sales agents.
At the third-party retail location, a potential subscriber can provide its eligibility
information in-person to the third-party dealer, which will then be transmiffed to Birch for
review as explained below. The potential subscriber can also complete the enrollment and
certification form discussed further below and a draft of which is set forth in Attachment A. As
described in more detail below, the handset would then be shipped to the customer after Birch
verifies the customer's eligibility to obtain a Lifeline product and has obtained all necessary
certifications from the customer. The flow-chart in Attachment B-2 provides more detail on the
process using third-party retail locations. To ensure compliance with the Commission's one-per-
household and other Lifeline eligibility requirements, Birch will require its third-party dealers to
have their employees participate in quarterly webinars to receive training (and re-training) on
Commission-compliance requirements for Lifeline services. Birch will also supply each third-
party dealer with copies of written materials providing detailed information on the Commission's
Lifeline compliance requirements. Birch will then require the third-party dealer to sign
documentation certifuing that all employees selling Birch Lifeline services have read the Lifeline
compliance requirements provided by Birch, understand the Lifeline compliance requirements,
193043.4
t2
and will comply with the Lifeline compliance requirements. Birch will conduct periodic audits
and random checks of its third-party dealers to ensure compliance with the Commission's rules.
It is important to note that, even when a customer signs up for Lifeline service through a
third-party dealer, eligibility information provided by potential consumers will be reviewed by
appropriate Birch personnel pursuant to Birch's internal policies for review of Lifeline eligibility
documents. Until such time as there is adequate database access allowing third-party dealers to
confirm eligibility automatically through Commission-sanctioned databases, all initial eligibility
determinations will be made by Birch personnel. And even after third-party dealers have access
to eligibility databases, Birch will review and verifu a consumer's eligibility prior to seeking
reimbursement for that customer. As part of confirrning a potential customer's eligibility, Birch
personnel will also confirm that there is no Lifeline duplication using the process discussed
under (5) below. Detailed information regarding the documents provided by the potential
customer and Birch's review of the documentation will be included in the customer's account
information as kept in Birch's internal recordkeeping system. Any actual documentation
provided by the potential customer will be destroyed or returned to the customer upon request.30
E n ro llment an d C ertific atio n
Once Birch determines a potential customer is eligible to receive a Lifeline service
product, Birch will proceed to enroll the customer in its prepaid wireless Lifeline program and
obtain the necessary certifications under the Commission's rules (this can be done by an internal
Birch sales agent or a Birch-authorized third-party dealer as explained above). In its current
wireline Lifeline service offering (as a non-ETC reseller), Birch utilizes TPV to enroll customers
and confirm their certification for Lifeline eligibility in addition to paper enrollment/certification
Lifeline Reform Orderl l0l.
193043.4
l3
forms. Birch plans to continue utilizing TPV for its prepaid wireless Lifeline service product3l to
the extent Birch can ensure all Commission-required information is included in the TPV without
the process becoming too unwieldy for the potential customer. Birch also plans to make paper
forms available for enrolhnent/certification and also is looking to develop an online portal that
potential customers could access via any Internet connection, including at their local libraries or
social service organizations for electronic signature of the required documentation.
As part of the enrollment/certification process, Birch will first obtain the relevant contact
information from the potential customer: (a) full name; (b) full residential address; (c) whether
the residential address is permanent or temporary; (d) billing address if different than residential;
(e) date of birth, (f) last 4 digits of Social Security Number; (g) if qualifuing under federal or
state assistance program, which progam; and (h) if qualifying under income-based criteria, the
number of individuals in the household. Birch will also require the customer to indicate whether
the household is shared, which would trigger the use of the Lifeline Household Worksheet
developed by USAC (included as part of Birch's draft enrollment and certification form set forth
in Attachment A). Birch will also confirm that the customer understands its information may be
shared with USAC as necessary under the Commission's rules and to ensure there is no
duplication of Lifeline benefits.
Next, Birch will utilize its TPV script or the paper form (or online portal once developed)
to address each of the certifications required under the Commission's rules. The certifications
will be addressed through individual questions, each to be answered by the customer before
'' The Commission has recognized TPV is an acceptable method for obtaining such information. See Lifeline
R"for Orderl169.
193043.4
l4
moving any further in the TPV script32 or each to be initialed by the customer on the paper form
(or each to be individually acknowledged in an online format):
. Certi&ing, under penalty of perjury, that the consumer meets the Lifeline eligibility
requirements because either the household receives benefits from a qualifying state or
federal assistance program (and naming the program) or has income at or below I35%o of
the Federal Poverty Guidelines;
. Certi&ing, under penalty of perjury, that the consumer has presented documentation to
Birch that accurately represents the consumer's household income or participation in the
program;
Certiffing, underpenalty of perjury, that the consumer will notifu Birch within 30 days
when it is no longer eligible for Lifeline service, whether because the consumer no
longer qualifies, it has another Lifeline supported service, or for any other reason, and
confirming that the customer understands failure to so notify Birch may subject it to
penalties;
Certifuing, under the penalty of perjury, that the information the consumer is providing
to Birch is true and correct to the best of its knowledge;
Certiffing, under the penalty of perjury, that the consumer understands that providing
false or fraudulent information to receive Lifeline benefits is punishable by law;
Certifuing, under penalty of perjury, that the consumer understands it will be required to
annually re-certifu its continued eligibility for Lifeline at any time and that failure to do
so will result in the termination of the consumer's Lifeline benefits;
32 The customer will be required to answer "Yes" to these questions on the recorded TPV to enroll in Birch's
prepaid wireless Lifeline program. TPV recordings are searchable by confirmation number and primary telephone
number assigned to the customer. TPV confirmation numbers will be stored in the order and account notes
associated with the customer.
t93043.4
t5
o Certi&ing, under penalty of perjury, that the consumer will provide its new address to
Birch within 30 days of moving;
. Certi&ing, under penalty of perjury, that the consumer will be required to verifu its
temporary address every 90 days if the subscriber provides a temporary residential
address when initially enrolling;
o Certi&ing, under penalty of perjury that the subscriber's household is receiving no more
than one Lifeline-supported service, that the consumer receives Lifeline-supported
service only from Birch, and to the best of the consumer's knowledge no one else in the
subscriber's household is receiving a Lifeline-supported service;
o Certi&ing that the consumer understands that Lifeline is a government benefit and
consumers who willfully make false statements in order to obtain the benefit can be
punished by fine or imprisonment or can be barred from the program;
o Certifuing that the consumer understands that Lifeline is a non-transferrable benefit, and
that an eligible Lifeline subscriber may not transfer its phone service to anyone else, not
even someone who is also eligible;
o Certi&ing that the consumer understands that non-usage of its prepaid wireless Lifeline
service from Birch for any consecutive 60-day period of time will result in de-enrollment
and deactivation of the service; and
. Certifuing that the consumer understands that (a) Lifeline is a federal benefit; (b)
Lifeline service is available for only one line per household; (c) a household is defined
for purposes of the Lifeline program as any individual or group of individuals who live
together at the same address and share income and expenses; (d) a household is not
permitted to receive Lifeline benefits from multiple providers; and (e) violation of the
193043.4
l6
one-per-household rule constitutes a violation of Commission rules and will result in the
consumer's de-enrollment from the program and could result in criminal prosecution by
the United States government.
Birch will ensure its TPV script and paper documentation is written in clear, easily understood
language. Birch will retain its TPV recordings and copies of its paper enrollmenVcertification
documentation for at least five (5) years.
Once all eligibility determinations and documentation requirements are complete, Birch
will ship the handset to the customer via overnight delivery to the address listed on the
enrollment form. Birch will require the customer to take affrrmative steps to "personally
activate" the service, either by requiring the customer to use the handset to activate the Lifeline
service or to complete an outgoing call.33 If service is not initiated, Birch will not consider the
consumer to be enrolled in the Lifeline program and Birch will not request Lifeline
reimbursement until the subscriber personally activates its service.3a The flow-charts in
Attachments B-1 and B-2 provide more detail on the certification process using both internal
sales agents and third-party dealers.
An n u al Re-C ertific ation
Birch's systems are capable of tracking and flagging the anniversary of a Lifeline
customer's start date. Birch plans to utilize this anniversary date to ensure its Lifeline customers
re-certi$r their eligibility to participate in the Lifeline program once a year. Birch will utilize
state-level databases or the national database to the extent available to re-certiff customers.
Until that time, Birch plans to contact its prepaid wireless Lifeline customers via written
notification, and is exploring the ability to utilize text messaging, automated voicemail, and TPV
Lift line Reform Order ll 260.
Lifeline Reform Order I 257 .
33
34
193043.4
t7
re-certification procedures. Any customers that do not re-certi$ within the 30-day window will
be de-enrolled from Birch's prepaid wireless Lifeline service within five (5) business days after
the expiration of the subscriber's time to respond to Birch's re-certification efforts as required by
Commission's rules, which is explained in more detail below.3s Birch will retain any TPV
recordings, paper forms, copies of text message, or other documentation for re-certification for at
least five (5) years. The flow-chan in Attachment B-3 provides more detail on the annual re-
certification process.
(3) A detailed explanation of how the carrier will comply with the forbearance
conditions relating to public safety and 9111E-9ll access.
Birch's prepaid wireless Lifeline service offering will comply with the 911 requirements
outlined in the Lifeline Reform Order necessary for application of conditional forbearance. Birch
will provide its prepaid wireless Lifeline subscribers with 911 and E911 access regardless of
activation status and availability of minutes. Birch will also provide its Lifeline subscribers with
E9l l-compliant handsets and replace, at no additional charge to the subscriber, any non-
compliant handset. Birch will rely on its contractual arrangement with Sprint to provide 911 and
E91l services to consumers, as well as obtain the handsets to be provided to consumers.36
Birch's MVNO arrangement with Sprint specifically addresses 9lllB9l1 services and requires
Sprint to supply handsets that satisff all Commission requirements.
35 47 c.F.R. g 5a.aos(eXa).
36 Birch understands that it has an independent obligation to provide 9l I and Egl l services as a wireless
reseller, and will utilize its underlying contractual arrangement with Sprint to meet that obligatiot. See, e.g.,47
C.F.R. $ 20.18(m); Lifeline Reform Order atn.989.
193043.4
18
(4) A detailed explanation of how the carrier will comply with the Commission's
marketing and disclosure requirements for participation in the Lifeline program;
Birch will publicizethe availability of its prepaid wireless Lifeline service offering in a
manner reasonably designed to reach those likely to qualifu the service.3' Birch will utilize the
Commission's 2004 outreach guidelines for advertising its prepaid wireless Lifeline service
offering.3s Specifically, Birch will utilize outreach materials and methods designed to reach
households that currently do not have telephone service, will develop advenising materials for
non-English speaking populations within its service area, and will coordinate its outeach efforts
with relevant government agencies. As required under the Lifeline Reform Order, Birch will
ensure the Commission-required disclosures, any DBA names it uses, and details of the prepaid
wireless Lifeline service offering are contained in all marketing materials.3e
Birch's advertising strategy for its prepaid wireless Lifeline service offering will build on
its expertise in advertising its wireline Lifeline product currently offered as a non-ETC reseller.
Birch understands that its ability to provide wireline Lifeline services as a non-ETC reseller may
be limited in the future. As part of its marketing efforts for its prepaid wireless Lifeline service,
Birch will market to those consumers currently taking its wireline Lifeline product, but will
ensure that the consumer receives only one Lifeline service in accordance with the
Commission's one-per-household rules.
Birch's advertising for its prepaid wireless Lifeline service offering will include, but not
be limited to, targeted direct mail, advertisements in daily and weekly print periodicals,
billboards, event sponsorship, bus advertising, radio advertising, and online search engines.
Birch will also engage in outbound calling campaigns (consistent with applicable telemarketing
47 C.F.R. $ s4.40s(b).
Lifeline and Link Up,19 FCC Rcd 8302, tlf 45-48 (2004),
Lifeline Reform Order ffi 27 4-282.
31
38
39
193043.4
t9
regulations). Birch will obtain marketing calling lists through various marketing activities,
which may include, but not be limited to interest forms completed by prospective customers who
have attended a marketing event and have provided their phone number indicating their interest
in being contacted. Birch also plans to target its current wireline Lifeline customers (served by
Birch as a non-ETC reseller) to determine interest in converting from wireline Lifeline service to
wireless Lifeline service. Birch will also consider purchasing prospective customer lists for
outbound calling campaigns once the company has determined such lists effectively target
potential Lifeline customers and adhere to all applicable telemarketing regulations. Once Birch
has a list of prospective customer to contact, Birch marketing personnel will deliver a marketing
message that accurately and in detail describes the benefits of the Lifeline program, how the
Lifeline program works, and eligibility requirements to qualifu as a Lifeline customer, including
a determination of whether the prospective customer is already receiving a Lifeline service
(duplicative service check). If the prospective customer appears initially qualifu, the outbound
marketing call with initiate the completion of the Birch Lifeline Enrollment Form and receipt
program eligibility documents to be reviewed by Birch personnel.
Birch will also coordinate with relevant state agencies, community outreach
organizations, and non-profit organizations to make information available regarding Birch's
prepaid wireless Lifeline service offering in resource guides and other printed materials produced
by those organizations, as well as in their offices or other locations visited by potential Lifeline-
eligible subscribers. Birch has existing relationships with these organizations in connection with
its current wireline Lifeline service offering. Birch will pro-actively market its prepaid wireless
Lifeline services through state, county, municipal and non-profit community action agencies,
associations and networks. These agencies support Lifeline eligible individuals and families in
t93043.4
20
obtaining support services, employment, employment training, life skills training and other
services. Birch will have marketing personnel dedicated to building strong relationships with
these agencies - and formulate marketing programs that support the missions of *tese agencies.
Birch will raise awareness of Birch Lifeline services through the inclusion of Birch Lifeline
information in resource guides and other support materials (online and in printed materials issued
by the agency) that are provided to Lifeline-eligible prospective customers. Birch will also
prusue referral arrangements and partnerships where a non-profit non-governmental agency can
specifically refer Lifeline-eligible customers directly to Birch in exchange for minimal
compensation or other remuneration to the agency for the referral. Birch will also raise
awareness of its Lifeline services through sponsoring events held by these agencies.
(5) A detailed explanation of the carrier's procedures and efforts to prevent waste,
fraud and abuse in connection with Lifeline funds, including but not limited to, procedures
the carrier has in place to prevent duplicate Lifeline subsidies within its own subscriber
base, procedures the carrier undertakes to de-enroll subscribers receiving more than one
Lifeline subsidy per household, information regarding the carrier's toll limitation service,
if applicable, and the carrier's non-usage policy, if applicable.
Prior to enrolling a Lifeline customer, Birch will take two steps to prevent duplicate
Lifeline subsidies within its own subscriber base. First, Birch will review its own service records
to ensure the potential customer is not currently receiving a Lifeline service from Birch. Second,
Birch will utilize available state-level databases and the national database to be created to ensure
the potential customer is not currently receiving a Lifeline service from any other carrier. Birch
will promptly investigate any notification it receives from a state, the Commission, or USAC that
one of its Lifeline customers is improperly receiving service. Birch will also update any required
databases within one (1) business day of de-enrolling a consumer.oo The flow-chart set forth in
Attachment B-4 provides additional detail on the de-enrollment process described herein.
Lifeline Reform Order I 257 .
193043.4
De-enrollment for failure to re-certifr. Birch will also re-check its internal databases and
available state-level or federal databases as part of its annual re-certification process. Birch will
issue a letter separate from the invoice to all subscribers, requesting them to recertifu and
noticing the subscriber that failure to respond within 30 days will higger de-enrollment. The
subscriber will be given the option to mail or fax back the re-certification form. The subscriber
will also be given the option to complete their recertification form online, over the phone with
TPV, or by mail. If the subscriber fails to respond with their completed form and documentation
of eligibility by the 30th day of the notice period, Birch will de-enroll the customer by taking the
following steps: Birch will place a Local Service Request ("LSR") with the supporting local
exchange carrier to remove the Lifeline USOC to prevent further credits; remove the credit
supplied by Birch to the end user from the billing system; and the credit may only be reapplied if
customer goes through certification process again. The flow-chart in Attachment B-3 provides
more detail on the annual re-certification process.
De-enrollment for duplicative support. Birch understands that duplicative claims are
wasteful and burden the fund, and will take all necessary steps to swiftly de-enroll consumers
found to be receiving duplicative federal Lifeline discounts. Upon notification from the
Commission, a state, or USAC that a subscriber is receiving Lifeline service from another
carrier, or more than one member of a household is receiving Lifeline service, Birch will de-
enroll the subscriber within five business days.al To the extent de-enrollment is necessary due to
duplicative support, Birch will take the following steps to de-enroll a customer: Birch will
immediately place a LSR with the supporting local exchange ca:rier to remove the Lifeline
USOC to prevent further credits; remove the credit supplied by Birch to the end user from the
4t 47 C.F.R. $ 5a.a05(eX2); see also Lifeline and Link Up Reform and Modernization,26 FCC Rcd 9022,n
15 (201r).
t93043.4
22
billing system; and have a company policy in place that the credit may only be reapplied if the
customer goes through certification process again. Birch will not seek reimbursement for any
de-enrolled subscriber following the date of that subscriber's de-enrollment.
De-enrollment for non-usase. As part of its de-enrollment procedures, Birch will comply
with the Commission's 60-day non-usage policy. Specifically, Birch will not consider a
consumer to be enrolled, and Birch will not seek reimbursement for that consumer, until the
consumer activates its service in the frst instance.o2 Further, Birch will de-enroll and not seek
reimbursement for any consumer whose service is inactive for a consecutive 60-day period.a3
Birch will define 'tlsage" consistent with Commission rules. Specifically, the following
activities will constitute "usage" of Birch's prepaid wireless Lifeline service: (1) completion of
an outbound call; (2) purchase of minutes to add to the subscriber's service plan; (3) answer of
an incoming call from a party other than Birch or its representative; and (4) response to direct
contact from Birch and confirmation that the consumer seeks to continue receiving the Lifeline
service.4 Birch will run usage reports for each customer to determine non-usage over a period
of 60 consecutive days. Despite a consumer's "usage" as defined herein and in the
Commission's rules, Birch will continue to comply with its existing public safety obligations to
transmit all wireless 911 calls regardless of subscriber inactivity even if Birch is no longer
providing Lifeline service to that consumer.ot
When a customer has been identified for de-enrollment for non-usage, a letter will be sent
to the customer, and the customer will have 30 days to respond. Birch will allow 15 calendar
42
44
45
47 C.F.R. $ 54.404(bxlo).
Liftline Reform Order I 257 .
47 C.F.R. $ 5a.a07(c)(2); Lifeline Reform Order\261.
Lifeline Reform Order I 262.
193043.4
23
days for mail delivery and handling, and a 30-day notice period thereafter. Birch will run usage
monitoring reports on the customers who have been noticed and de-enroll the customer if usage
is not reflected on their account by the 30th day. On the 3l st day, Birch will de-enroll the
customer by placing a LSR with the supporting local exchange carrier to remove the Lifeline
USOC to prevent further credits and remove the credit supplied by Birch to the end user from the
billing system. The flow-chart set fonh in Attachment B-5 provides more information on the
process for de-enrollment for non-usage.
CONCLUSION
WHEREFORE, for the forgoing reasons, Birch respectfully requests that the Commission
expeditiously approve its further amended Compliance Plan and designate it as an ETC for the
provision of prepaid wireless Lifeline services in the states of Alabama, Florida, North Carolina,
and Tennessee.
Respectfully submitted,
BIRCH COMMUNICATIONS, INC.
Christopher J. Bunce
Vice President, Legal and General
Counsel
Birch Communications, Inc.
2300 Main Street, Suite 340
Kansas City, MO 64108
8 16-300-3000 (telephone)
chris.bunce@birch. com
Dated: Jwrc29,2012
Cahill Gordon & Reindel t-lp
1990 K Street, N.W., Suite 950
Washington, D.C. 20006
202-862 -893 0 (telephone)
866-255-01 85 (facsimile)
[e-mail]
Its Attorneys
Angela F. Collins
t93043.4
24
Birch Communications, Inc.
Compliance Plan
Attachment A
to
Compliance Plan
Draft Enrollment and Certification Form
193043.3
COMMUNIfiATION$
Lifeline Enrollment Form
Three East Steps to Complete:
Step #1 - Complete Lifeline Enrollment Form on page 2
(And if needed Household Worksheet on page 5)
Step #2- Locate your Lifeline benefit documentation
(More info on your required documentation on poges 3 ond 4)
Step #3 - Send complete enrollment form and benefit
documentation to NOW Communications
(There are mony convenient ways to send them, check Page 2)
Page I of5
Jru- Lifeline Enrollment Form
COMMUNICATIONS
This signed application is required to enroll you in the Lifeline program in your state. This application is only for the purpose of verifying your
participation in these programs and will not be used for any other purpose.
Things to know about the Lifeline Program:
- Lifeline is a Federal benefit that is not transferrable to any other person;
- Lifeline service is available for only one line per household. A household cannot receive benefits from multiple providers;
- A household is defined, for purposes of the Lifeline program, as any individual or group of individuals living at the same address that share income and expenses; and,
- Violation of the one-per household rule is not permitted under federal rules and will result in the subscriber's de-enrollment from the program and possible criminal
prosecution by the U.S. Government.
First Namer M!: _ Last l{ame:Date of Birth:
Contact Telephone Number:Last Four Digits of Social Security Number:
Residential Address:
Must be a street address (not a P.O. Box) and your principal residence. May contain a P.O Box. same as the residentiat address.
Billing Address: EI Check here if the billing address is the
Address Line 1:
Address Line 2:
Address Line 1:
Address Line 2:
City, State and Zip:City, State and Zip:
This Address ,". ! Permanenl E Temporary $ temporary, your address must be eertified ar updated every 90 days.)
E A shared, multi-household residence + lf shared, multi-household residence, I hereby certify that other household adults do
lcomplete Household Wo*sheet) not contribute income and/or share expenses in my household. Complete Hausehald(lnitial) Worksheet.
I hereby certify that I quali! to participate in at leasl one of the following programs (check all that apply):
(lnitial) P/ease see the related documentation requirements on the reverse side.
Esupplemental Nutrition Assistance Program (SNAP) formerly known as Food Stamps Esupplemental Security lncome (SSl)
EFederal Public Housing Assistance (FPHA) or Section 8 ELor lncome Home Energy Assistance Program (LIHEAP)
ENational School Lunch Program's free lunch program ETemporary Assistance for Needy Families (TANfl EMedicaid
I hereby certify that my household income is at or below '135% of the Federal Poverty Guidelines; there are _ members in my household.(initial) P/ease see the Federal Poverty Guidelines and the related documentation requirements on the reverse side.
I certify, under penalty of perjury: lnitial by Each Certification
The information provided in this application is true and coffect to the best of my knowledge; I acknowledge that willfully providing false or fraudulent
information in order to receive Lifeline service is punishable by fine or imprisonment, termination of all Lifeline benefits, and being barred from
participating in the Lifeline program.
I acknowledge that non-usage over a consecutive 60day period will result in my de-enrollment from this Lifeline service.
I am eligible for Lifeline service through participation in the qualifying program(s) or meeting the income requirements as identified above.
I have provided documentation of eligibility for Lifeline service, unless otheruise specifically exempted from providing such documentation.
I will inform NOW within 30 days of any potential change in eligibility, including, but not limited to: (i) a move or change of address; (ii) any
change in participation in the programs identified above or change in income or household members; (iii) receiving Lifeline service from another
provider; or (iv) any other change that would afiec{ my eligibility for Lifeline service. lf I fail to inform NOW of any of these changes, I understand
under penalty of perjury, I may be subject to penalties.
I have provided the address where I cunently reside and, if a temporary address has been provided, then I acknowledge that NOW will attempt to
veriry my address every 90 days, and, if I do not respond to verification attempts within 30 days, then I may be de-enrolled from my Lifeline benefits.
My household will receive only one Lifeline benefit and, lo the best of my knowledge, no one in my household is cunently receiving Lifeline service
-
fom any other provider.
I acknowledge that I will be required to annually re-certify eligibility and may be required to re-certify continued eligibility for Lifeline at any time and
_ failure to re-certify will result in the termination of Lifeline benefits or other penalties.
I authorize NOW and its agents to access any records (including financial records) required to verify my statements herein and to confirm my
eligibility for Lifeline service. I authorize government agencies and their authorized representatives to discuss with and/or provide information to NOW_ and its agents verifying my participation in public assistanoe programs that qualify me for Lifeline service.
I acknowledge and consent to my name, telephone number, and address being divulged to the Universal Service Administrative Company (USAC) (the
administrator of the program) and/or its agents for the purpose of verifying that l, as a subscriber, do not receive more than one Lifeline benefit. ln the event
that USAC identities ihat I am receiving more than one Lifeline subsidy for my household, all carriers involved may be notified so that I may select one
service and be de-enrolled from the other.
APPLICANT SIGNATURE/TPV ID:
Page 2 of5
DATE:
FOR NOW COMMUNICATIONS OFFICE USE ONLY
Company Representative Name:
E erc Eligibility Revianv
E Database Queried? Dale:
-l-l-Database
Name:-
Confirmation Type:tr Written, attached EScreenshot, attachedtr ETC employee
E State Agency Queried? Dale:
-l1-Agency
Name:-
Agency@ntact:-confirmationType:trNotice,attached
Type of Documentation reviewed:
Type of media:How received:
Date/Expiration Date of Documentation: _lJ_
ldentig of Documentation:
Date reviewed:
EApplicant name different than name on documentation (Note:
-)
Name:
Certification that individual is part of applicant's household
Certification that individual is does not already receive Lifeline
Representative Signature:Date:
NOTES:
HOW TO SUBMIT YOUR ENROLLMENT APPLICATION:
COMPLETE ENROLLMENT APPLICATION ONLINE: www.nowcommunications.com FAX: [phone] EMAIL: [e-mail]
POSTAL MAIL : NOW Communications, 2300 Main St., Suite 340, Kansas City, MO 64108.
EMAIL: [e-mail] POSTAL MAIL: NOW Communications,2300 Main St., Suite
DOCUMENTATION REQUIREMENTS
You are required to provide proof of your participation in the programs you identified
OR proof of your qualifying income.
PROGRAM ELIGIBILITY
lf, on page 1 of this form, you indicated you were in a qualirying program. You must provide documentation to prove receipt of benefits under these programs to
NOW Communications. Upon examination by NOW Communications, any copies, photos or faxes of your documentation will be destroyed or retumed to you at
your request. Acceptable forms of documentation are described below:
Public Housino Assistance (FPHAI or Section 8
There are two types of documentation that can prove receipl of benefits under the Public Housing Assistance (FPHA), or Section I, Program.
First, an applicant can provide an award letter. A recipient of Public Housing Assistance (FPHA), or Section 8, receives an award letter fom his or her local Public
Housing Agency (PHA). The award letler should include the following information:, name of program, date of award, name of beneficiary and award amount.
Second, an applicant can provide either a Public Housinq Assistance Lease Aqreement f or. Section I Voucher. These items should clearly reflec{ the type of
Public Housing Assistance credit issued.
lf the beneficiary does not have an award letter, lease agreement, or voucher, the applicant can contact the agency that approved the application and request formal
documentation of his or her award. To find contact information for a local Public Housing Agency, please visit the U.S. Department of Housing and Urban
Development's state contact and aoencv listino.
Page 3 of5
The beneficiary named on the FPHA documentation may be a member of the Lifeline applicant's household, rather than the applicant. lf the name of the beneficiary
on the documentation prcvided does not match the name of the Lifeline applicant, NOW Communications must record the name of the beneficiary and confirm by
receiving certification from the applicant that the named beneficiary is a member of his or her household, and that this individual does not receive Lifeline.
Low lncome Home Enerov Assistance Prooram (LIHEAP)
Because the Low lncome Home Energy Assistance Program (LIHEAP) is administered by a wide range of local agencies, the program's name may vary by state
(note that most include the words "energy assistance program" in the name).
There are two types of documentation applicants can provide to demonstrate receipt of LIHEAP benefils.
E!E!, a LIHEAP participant might have an award letter from a state agency. The award letter will include the following: name of program, date of award, name of
beneficiary and award amount. ln some instances, if the beneficiary received notification of his or her approval in-person, the awardee might not have a formal
award letter and will need to contacl the slale agency that approved the application lo request a formal award letter.
Second, a LIHEAP participant can provide a utility bill lhat reflects the Housing Assistance credit. The utility bill should clearly reflect inclusion of an Energy
Assistance credit.
The benefrciary named on the LIHEAP documentation may be a member of the Lifeline applicant's household, rather than the applicant. lf the name of the
beneficiary on the documentation provided does not match the name of the Lifeline applicant, the ETC must record the name of the beneficiary and confirm by
receiving ceftification from the applicant that the named beneficiary is a member of his or her household, and that this individual does not receive Lifeline.
To find contacl information for a local LIHEAP agency, please visit the Low lncome Home Energy Asslsfance Prognm's state contact and aoencv listinq.
National School Lunch Proqram's Free Lunch Prooram (NSLP)
Although the National School Lunch Program's Free Lunch Program (NSLFP) is a federally assisted program, award letters are provided by state agencies and, thus,
will vary by locality. All award letters should contain the following basic information: name of program, name of beneficiary, address of beneficiary and date of award.
The beneficiary named on the NSLP documentation may be a dependent of the Lifeline applicant, rather than the applicant. lf the name of the beneficiary on the
documentation provided does not match the name of the Lifeline applicant, the ETC must record the name of the beneficiary and confirm by receiving certification
from the applicant that the named beneficiary is a member of his or her household, and that this individual does not receive Lifeline.
Supolemental Securitv lncome (SSl)
Participation in the federal portion of SSI is an eligibility criterion for Lifeline. Some states offer state supplements to the federal SSI program, but receipt of benefits
from the state supplement, but not federal SSl, does not qualify an individual for Lifeline. All award letters should contain the following basic information: name of
program, name of beneficiary, address of beneficiary, date of award and award amount. A benefit check stub from the Social Security Administration may also be
submitted as proof of participalion, if the check stub clearly states the date and name of the beneficiary.
The beneficiary named on fhe SS/ documentation may be a dependent of the Lifeline applicant, rather than the applicant. lf the name ot the beneficiary on the
documentation provided does not match the name of the Lifeline applicant, the ETC must record the name of the beneficiary and confirm by receiving ceftification
fuom the applicant that the named beneficiary is a member of his or her household, and that this individual does not receive Lifeline.
Temporarv Assistance tor Needv Families (TANF)
All award letters should contain the following basic information: name of program, name of beneficiary, address of beneficiary and date of award.
The beneficiary named on the TANF documentation may be a member of the Lifeline applicant's household, rather than the applicant. lf the name of the beneficiary
on the documentation prcvided does not match the name of the Lifeline applicant, the ETC must rccord the name of the beneficiary and confirm by receiving
certification from applicant that the named beneficiary is a member of his or her household, and that this individual does not receive Lifeline.
ln some states, TANF might be more commonly referred to by a different name. Look for your state on this list of TANF orooram names bv state I .
Supplemental Nutrition Assistance Proqram (SNAPI
The Supplemental Nutrition Assistance Program (SNAP) was previously known as Food Stamps. Beneficiary cards and award letters may vary because SNAP is
administered on a state level. Because not all beneficiary cards include the recipient's name, it is recommended that an award letter from the local state agency be
used for Lifeline verification purposes. All award letters should contain the following basic information: name of program, name of beneficiary, address of beneficiary
and date of award.
The beneficiary named on the SNAP documentation may be a member of the Lifeline applicant's household, nther than the applicant. lf the name of the beneficiary
on the documentation provided does not match the name of the Lifeline applicant, the ETC must record the name of the beneficiary and confirm by receiving
ceftification from the applicant that the named beneficiary is a member of his or her household, and that this individual does not receive Lifeline.
ln some states, SNAP might be more commonly refened to by a different name. Look for your state on this lisf of SNAP oroqram names bv state f .
Medicaid
Each state provides its own unique Medicaid card to beneficiaries. However, most cards should clearly state the following: name of program, name of beneficiary,
state of residence, issued or effeciive date and the name of the state agency that provided the card.
The beneficiary named on the Medicaid documentation may be a dependent of the Lifeline applicant, rather than the applicant. lf the name of the beneliciary on the
documentation provided does not match the name of the Lifeline applicant, the ETC must record the name of the beneliciary and confirm by receiving certification
from the applicant that the named beneficiary is a member of his or her household, and that this individual does not receive Lifeline.
Some states have different names for their Medicaid programs. Look for your state on this list of Medicaid oroqram names bv state I.
PROGRAM FI IGIFIII ITY
An applicant may be eligible for Lifeline if he or she has a household income at
or below 135% of the Federal Poverty Guidelines. Below are the acceptable types of documentation:. The prior yea/s state, federal, or Tribal tax returno A current income statement from an employer or paycheck stubo A Social Security statement of benefits. A Veterans Administration statement of benefits. A retirement or pension statement of benefitso An Unemployment or Workers' Compensation statement of benefits. A federal or Tribal notice letter of participation in General Assistance. A divorce decree, child support award, or other official document
containing income information. lfthe documentation relied on does not cover a full year, such as a
Page 4 of5
,I35% FEDERAL POVERTY GUIDELINES - 2012
tembers of
Household
Household lncome must be
at or below
1 s 15.080
2 $ 20426
3 $ 25,772
4 s 3't.118
5 $ 36.464
6 $ 41 .810
7 $ 47,156
8 s52.502
For every additional member of your household, add
$4,950.
Ilru-
COMMU N ICATIONS Optional Lifeline Household Worksheet
Complete only iI you checked oA shored, multi-household residenceo on your enrollment form
Name
Address
Telephone Number
Lifeline is a government program that provides a monthly discount on home or mobile telephone services. Only ONE Lifeline discount is allowed per household.
Members of a household are not permitted to receive Lifeline service from multiple telephone companies.
Your household is everyone who lives together at your address as one economic unit (including children and people who are not related to you).
The adults you live with are part of your economic unit if they contribute to and share in the income and expenses of the household. An adult is any person 18 years
of age or older, or an emancipated minor (a person under age 18 who is legally considered to be an adult). Household expenses include food, health care expenses
(such as medical bills) and the cost of renting or paying a mortgage on your place of residence (a house or apartment, for example) and utilities (including water, heat
and electricity). lncome includes salary, public assistance benefits, social security payments, pensions, unemployment compensation, veteran's benefits,
inheritances, alimony, child support payments, worke/s compensation benefits, gifts, and lottery winnings.
Spouses and domestic partners are considered to be part of the same household. Children under the age of 18 living with their parents or guardians are considered
tobepartofthesamehouseholdastheirparentsorguardians. lfanadulthasnoincome,orminimal income,andliveswithsomeonewhoprovidesfinancial support
to that adult, both people are considered part ofthe same household.
You have been osked to complete this Worksheet becouse someone else cufiently reoeives o Lifeline-supported service ot your oddress. This
other percon moy or may not be a pott ol your household. Answet the questions below to determine whether there is more thon one household
residing ot your oddress.
1. Does your spouse or domestic partner (that is, someone you are married to or in a relationship with) already receive a Lifeline-discounted
phone? lcheck no if you do not hove o spouse or portnerl YES _NO
discount is allowed per household.
lf you checked NO, please answer question #2.
Other than a spouse or partner, do other adults (people over the age of 18 or emancipated minors) live with you at your address?2.
A. A parent YES _NOB. An adult son or daughter _YES _NOC. Another adult relative (such as a _YES _NO
sibling, aunt, cousin, grandparent,
grandchild, etc.)
D. An adult roommate YES
E. Other YES
_NO
_NO
and date the worksheet.
3. Do you share living expenses (bills, food, etc.) and share income (either your income, the other person's income or both incomes
together)withatleastoneoftheadultslistedaboveinguestion#2? YES _NO
worksheet.
already receives Lifeline.
CERTIFICATION
Pleose initiol the certificotions below ond sign ond date this worksheet. Submit this worksheet to NOW Communicotions olong with your Lileline
A. _l certify thot I live ot on oddress occupied by multiple households.
B. _l understond thot violation of the one-per-household requirement is ogoinst the Federal Communicotion Commission's rules and
result in me losino mv Lifeline benefits, ond potentiollv, prosecution bv the United Stotes qovernment.
Paqe 5 of 5
Birch Communications, Inc.
Compliance Plan
Attachment B
to
Compliance Plan
Flow-Charts Depicting Birch Internal
Processes for Lifeline Compliance
1 93043.3
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EXHIBIT 4
EIGHTY PINE STREET
NEw YoRK. N.Y. 10005-1702(212) 70r-3000FAXi (21 2) 269-5420
C.q.rrrLL GonnoN & RnrNnEL LLP
Surrp 950
1990 K SrReer, N.W.
WesHrNcroN, D.C. 20006-l l8l AUGUSTINE HOUSE6A AUSTIN FRIARS
LONDON. ENGLAND EC2N 2HA(01 I ) 44 20 792O 98OOFAX: (01 l) 44.20.7920 9825TELEPHONE [phone]
FACSTMTLE (202)862-89s8
ANGELA F. Collrxs I ZOZ-WZ-WSo I [e-mail]
September 17,2013
VIA ECFS
Marlene H. Dortch
Secretary
Federal Communications Commission
445lzth Street, SW
Washington,DC 20554
Re: WC Docket Nos. 09-197,ll-42
Tempo Telecom, LLC Adoption of Compliance Plan
Dear Secretary Dortch:
Tempo Telecom, LLC ("Tempo"), by its attorneys, respectfully notifies the Federal
Communications Commission ("Commission") that Tempo will comply with and adopt as its
own the Compliance Plan filed by Birch Communications, Inc. ("Birch"), which was approved
by the Commission on August 8,2012.'
Via letter dated December 18,2012, Birch notified the Commission that the prepaid
wireless Lifeline service would be provided by a separate legal entity known as Now
Communications, LLC ("Now Comm"). Now Comm committed to implement and comply with
the previously-approved Compliance Plan, and notified the Commission that it adopted the
Compliance Plan as its own. The Commission acknowledged these changes in corporate
structure in a December 20,2012 public notice, and confirmed that the previously-approved
Compliance Plan would apply to Now Comm.2
Following the December 2012 filing, Now Communications, LLC changed its name to
Tempo Telecom, LLC. Therefore, Tempo hereby notifies the Commission it will implement and
comply with the Compliance Plan approved by the Commission on August 8,2012, and hereby
adopts the Compliance Plan as its own. Tempo commits to using the same procedures and
policies set forth in the Compliance Plan for its provision of prepaid wireless Lifeline service,
' WC Docket Nos. 09-197 and ll-42, Wireline Competition Bureau Approves the Compliance Plans of Birch
Communications, Boomerang Wireless, IM Telecom, Q Link Wireless, and TAG Mobile, Public Notice, DA 12-1286
(rel. Aug. 8,2012).
2 Wireline Competition Bureau Seelcs Comment on Petitions for Designation as a Low-Income Eligible
Telecommunications Carrierfiled by Now Comm, Zing PCS, LTS, Odin Wireless, and TX Mobile,Z7 FCCRcd
15937 (2012) ("The Wireline Competition Bureau has approved Birch's compliance plan, which will also apply to
Now Comm.")
12463606v1
Page2
and will market and advertise its prepaid wireless Lifeline service in the same manner as
described in the Compliance Plan.
A copy of the Compliance Plan adopted by Tempo is affached, along with a cover sheet
indicating Tempo's adoption of the Compliance Plan.
Please contact the undersigned if you have any questions regarding this matter
Respectfu lly submitted,
tr,,,#*{w*
Angela F. Collins
Counsel to Tempo Telecom, LLC
Attachment
Michelle Schaefer (via electronic mail)
12463606v1
EXHIBIT 5
TEMPO OFFICERS
Dr. R. Kirby Godsey
Chairman of the Board
Dr. Godsey is Chairman of the Board of Birch Communications and an owner of
Tempo. Prior to becoming Chairman of the Board at Birch in 2007, Dr. R. Kirby Godsey
served as the l Tth president of Mercer University from 1979-2006. Prior to his appointment as
President, he served as Executive Vice President and as Dean of the College of Liberal Arts.
Prior to coming to Mercer in 1977, Dr. Godsey was Vice President and Dean of the College at
Averett College in Danville, Virginia. Dr. Godsey earned his undergraduate degree in history
and religion from Samford University in Birmingham, Alabama. He holds Master of Divinity
and Doctor of Theology degrees from New Orleans Baptist Theological Seminary, and a
Master of Arts in Philosophy from the University of Alabama. In 1969, he earned a Ph.D. in
Philosophy from Tulane University. The University of South Carolina, Averett College and
Samford University have all awarded him honorary degrees.
Vincent Oddo
President & CEO
Vincent M. Oddo serves as President and Chief Executive Officer of Birch Communications
and Tempo. In this capacity, he is responsible for the overall strategic direction of the
company as well as playing a critical role in the many acquisitions that have been completed
to date. Mr. Oddo is a 25+ year veteran of the telecom industry and has specialized in
growing, restructuring and managing wire-line, wireless and broadband telecommunications
businesses. Prior to joining Birch in 2003, he served as SVP and COO of Network Telephone;
SVP and CIO of NuVox Communications; SVP of BellSouth; and SVP of Graphic Scanning
Corp. Mr. Oddo holds both a Bachelor of Arts degree and Masters degree in Public
Administration from Long Island University.
Chris Aversano
Chief Operating Officer and Executive Vice President
Chris Aversano serves as Chief Operating Officer and Executive Vice President of Birch
Communications and Tempo. In this capacity, he is responsible for managing the overall
Operations and Engineering efforts of the company. Mr. Aversano is a 20+ year veteran of the
telecommunications and engineering industries and has specialized in wire-line, wireless, and
satellite communications. Prior to joining Birch in2004, he served as VP of Service Delivery
and Engineering Operations at Network Telephone Corp; VP of Provisioning at Nuvox;
Director of Process Design at Covad Communications; and Program Manager for the United
States Air Force responsible for Global Positioning System (GPS) Satellites. Mr. Aversano
holds a Bachelor of Science degree in Electrical Engineering from Clemson University, as
well as an Associates Degree in Telecommunications from the United States Air Force.
Edward James
Chief Financial Officer and Senior Vice President
Edward James serves as Chief Financial Oflicer and Senior Vice President of Birch
Communications and Tempo. In this capacity, he is responsible for maintaining and reporting
the financial health of the company and overseeing the corporate assets of the company. Mr.
James is a nearly 20 year veteran of the telecommunications and finance industries. Prior to
joining Birch in 2008, he served as CFO of American Telecom Services, Inc.; Director of
Finance of Carter's Inc.; various accounting, operations and finance positions at United Parcel
Service (UPS). Mr. James holds a Bachelor of Arts degree from Mississippi College. and a
Masters in Business Administration degree from Cumberland University.
Christopher Ramsey
Senior Vice President - Chief Sales & Marketing Officer
Chris Ramsey serves as Senior Vice President - Chief Sales and Marketing Officer for Birch
Communications and Tempo. In this capacity, he is responsible for managing the overall sales
and marketing efforts of the company. Mr. Ramsey is a 9-year veteran of Birch
Communications who was responsible for starting and managing the telesales, account
management and inside sales channels. Prior to joining Birch in 2001, he served in various
leadership positions, of increasing responsibility, in Worldwide Account Management for
Black and Veatch and GE Capital Assurance, Inc. Mr. Ramsey holds a Bachelor of Arts
degree from Southwest Baptist University.
Chris Bunce
Senior Vice President Legal, and General Counsel
Mr. Bunce serves as Senior Vice President, Legal & Regulatory, and General Counsel. In this
capacity, he is responsible for managing the legal operations, and legal and regulatory
compliance functions of both Birch and Tempo. Mr. Bunce is a nearly ZD-year veteran in
communications and telecom law. Prior to joining Birch in 2000, he served as legal counsel
for GST Telecom, CallAmerica, Whole Earth Networks, Hawaii Online and other
telecommunications and Internet firms. Mr. Bunce holds a Bachelor's degree in both History
and Journalism/Mass Communication from lowa State University, and a Juris Doctor degree
from the University of Iowa College of Law.
EXHIBIT 6
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EXHIBIT 8
Lifeline Subscriber Name
Address 1
City, State, ZIP
te
Address 2
Month, Day, Year
Time to Recertify!
In order to keep your lifeline discounts on your phone service, you must
complete the recertification form and provide your benefit
documentation by April 22, 2013.
We value your business! The Federal Government requires Tempo to recertify your eligibility once a
year in order for you to continue receiving your lifeline discount. ln order to continue receiving your
discount you must recertify by April 22,2OL3.
To recertify please complete the attached recertification form, and provide your documentation of
income or government program eligibility. You can provide your documentation to Tempo in many
ways:
- Fax the completed form to [phone].
- Scan and e-mail the completed form to [e-mail].
- Take a picture of the completed form with your mobile phone and text the photo to (8L6) 446-3388.
We very much value your business. lf you have any questions, or there is anything we can do for you,
please call us at [phone].
Thank you,
Darrell Freelon
Tempo Telesales Manager
Page 1 of5 v.Apr20 l3
ts
Lifeline Enrollment And
Recertification Form
Three Easy Steps to Complete:
Step #L- Complete Lifeline Enrollment Form on page 3
Step #2- Locate your Lifeline Benefit Documentation
(More info on your required documentotion on pages 4 ond 5)
Step #3 - Send completed Lifeline Enrollment Form and Lifeline
Benefit Documentation to Tempo
(There ore mony convenient woys to send them, check Page 4)
Page 2 of 5 v.Apr2013
l*ffio
This signed application is required to enroll you
participation in these programs and will not be
Lifeline Enrollment/Recertifi cation F orm
in the Lifeline program in your state. This application is only for the
used for any other purpose.
Account #:_
purpose of verifying your
Things to know about the Lifeline Program:
- Lifellne is a Federal benefit that is not transferrable to any other person;
- Lifeline service is available for only one line per household. A household cannot receive benefits from multiple providers. Not all Lifeline services are marketed under the
name Lifeline, and may be offered under other names;
- A household is defined, for purposes ofthe Lifeline program, as any individual or group of individuals living at the same address that share income and expenses; and,
- violation of the one-per household rule is not permitted under federal rules and will result in the subscriber's de-enrollment from the program and possible criminal
prosecution bv the U.S. Government.
First Name:
Las{ Four Digits of Socia! Security Number:
Residential Address:
Musl be a street address (not a P.O. Box) and your principal residence.
Last Name:
Contact Telephone Number:
Billing Address:
May contain a P.O Box.
Address Line 1:
Date of Birth:
Check here if the billing address is the
same as the residential address.
Address Line 1:
Address Line 2:Address Line 2:
City, State andZip'.City, State andZip'.
This Address ls: Permanent ' Temporary $f temporary, your address must be certified or updated every 9A days.)
' A shared, multi-household residence + lf shared, multi-household residence, I hereby certify that other household adults do
(Complete Household Worksheet) not contribute income and/or share expenses in my household. Complete Household(nitial) Worksheet.
I hereby certifo that I qualifo to participate in at least one of the following progEms (check all that apply):(nitbl) Please see the related documentation requirements on the reverse side.
' Supplemental Nutrition Assistance Program (SNAP) formerly known as Food Stamps ' Supplemental Security lncome (SSl)
' Federal Public Housing Assistance (FPHA) or Section 8 ' Low lncome Home Energy Assistance Program (LIHEAP)
' National School Lunch Program's fiee lunch program ' Temporary Assistance for Needy Families (TANF) Medicaid
I hereby certifo that my household income is at or below 135% of the Federal Poverty Guidelines; there are _ members in my household.
(initial) Please see the Federal Poverty Guidelines and the related documentation requirements on the reverse side.
I certify, under penatty of periury: (lnitial by Each Certification)
The information provided in this application is true and correct to the best of my know'ledge; I acknowledge that willfully providing false or fraudulent
information in order to receive Lifeline service is punishable by fine or imprisonment, termination of all Lifeline benefits, and being baned from
participating in the Lifeline progr,rm.
I acknowledge that non-usage over a @nsecutive 60day period will result in my de-enrollment from this Lifeline service.
I am eligible for Lifeline service through participation in the qualifoing program(s) or meeting the income requirements as identified above.
I have provided documentation of eligibility for Lifeline service, unless othenrise specifically exempted fiom providing such documentation.
I will inform Tempo within 30 days of any potential change in eligibility, including, but not limited to: (i) a move or change of address; (ii) any
change in participation in the programs identified above or change in income or household members; (iii) receiving Lifeline service from another
provider; or (iv) any other change that would affect my eligibility for Lifeline service. lf I fail to inform Tempo of any of these changes, I understand
under penalty of perjury, I may be subject to penalties.
I have provided the address where I cunently reside and, if a temporary address has been provided, then I acknowledge that Tempo will attempt to
verifo my address every 90 days, and, if I do not respond to verification attempts within 30 days, then I may be de-enrolled ftom my Lifeline benefits.
My household will receive only one Lifeline benefit and, to the best of my know'ledge, no one in my household is cunen0y receiving Lifeline service
-
from any other provider.
I acknowledge that I will be required to annually re-certify eligibility and may be required to re-certify continued eligibility for Lifeline at any time and
failure to re-certifo will result in the termination of Lifeline benefits or other penalties.
I authorize Tempo and its agents to access any records (including financial records) required to verify my statements herein and to confirm my
eligibility for Lifeline service. I authorize govemment agencies and their authorized representatives to discuss with and/or provide information to Tempo
and its agents verifying my participation in public assistance progrElms that qualify me for Lifeline service.
I acknowledge and consent to my name, telephone number, and address being divulged to the Universal Service Administrative Company (USAC) (the
administrator of the program) and/or its agents for the purpose of maintaining the information in a database and veriffing that I, as a subscriber, do not
receive more than one Lifeline benefit. ln the event that USAC identifies that I am receiving more than one Lifeline subsidy for my household, all caniers
involved may be notified so that I may selec{ one service and be de-enrolled ftom the other.
APPLICANT SIGNATURE/TPV ID:
Page 3 of5
DATE:
v.Apr20l3
FOR TEMPO OFFICE USE ONLY
Account #:_ TPV ID:
Company Representative Name:
' ETC Eligibility Review
' Database Queried? Date: I I Database Name:
Confirmation Type: Written, attached ' Screenshot, aftached' ETC employee
Type of Documentation; ' Benefits Card ' Award Letter Vouchel State Agency Queried? Date:
-/-/-
Agency Name:
' lncome Statement ' Other Agency contact:Confirmation Type: ' Notice, attached
How received: ' ln person ' Fax ' Email ' Text Photo ' Mail
Date/Expiration Date of Documentation:
Describe Documentation: Name on Documentation:
Date reviewed: J_l_
' Applicant name different than name on documentation (Note relationship to applicant:
Applicant Name:
Certification that individual is part of applicant's household (MUST certify with applicant in-person or verbally)
Certification that individual is does not already receive Lifeline (MUST certify with applicant in-person or verbally)
Representative Signature:
NOTES:
HOW TO SUBMIT YOUR ENROLLMENT APPLIGATION:
FAX: (877) tt65-0545 EMAIL: [e-mail] Ef,ALUlt : Tempo, 2300 Main St., Suite 340, Kansas City, MO 64108.
HOW TO SUBMIT YOUR DOCUMENTATION:
TEXT A DOCUMENT: [phone] FAX: [phone] EMAIL: [e-mail] @[ALUlt: Tempo, 2300 Main St., Suite 340, Kansas City, MO
641 08.
DOCUMENTATION REQU IREMENTS
You are required
PROGRAM ELIGIBILITY
to provide proof of your participation in the programs you identified
OR proof of your qualifying income.
lf, on page 3 of this form, you indicated you were in a qualifying program, you must provide documentation to prove receipt of benefits under these programs to
Tempo. Upon examination by Tempo, any copies, photos or faxes of your documentation will be destroyed or retumed to you at your request. Acceptable forms of
documentation are described below:
Public Housinq Assistance (FPHAI or Section 8
There are two types of documentation that can prove receipt of benefits under the Public Housing Assistance (FPHA), or Section 8, Program.
EIE!, an applicant can provide an award letter. A recipient of Public Housing Assistance (FPHA), or Section 8, receives an award lefter from his or her local Public
Housing Agency (PHA). The award letter should include the following information:, name of program, date of award, name of beneficiary and award amount.
Second, an applicant can provide either a Public Housinq Assistance Lease Aqreement I or. " Section 8 Voucher. These items should clearly rellecl the type of
Public Housing Assistance credit issued.
lf the beneficiary does not have an award letter, lease agreement, or voucher, the applicant can contact the agency that approved the application and request formal
documentation of his or her award. To find contact information for a local Public Housing Agency, please visit the U.S. Department of Housing and Urban
Development's state contact and aqencv listinq.
The beneficiary named on the FPHA documentation may be a member of the Lifeline applicant's household, rather than the applicant. lf the name of the beneficiary
on the documentation provided does not match the name of the Lffeline applicant, Tempo must record the name of the beneficiary and anfirm by receiving
certilication from the applicant that the named beneficiary is a member of his or her household, and that this individual does not receive Lifeline.
Low lncome Home Enerov Assistance Prosram (LIHEAPI
Because the Low lncome Home Energy Assistance Program (LIHEAP) is administered by a wide range of local agencies, the program's name may vary by state
(note that most include the words "energy assistanoe program' in the name).
There are two types of documentation applicants can provide to demonstrate receipt of LIHEAP benefits.
Page 4 of5 v.Apr20l3
flggl, a LIHEAP participant might have an award letter from a state agency. The award letter will include the following: name of program, date of award, name of
beneficiary and award amount. ln some instances, if the beneficiary received notification of his or her approval in-person, the awardee might not have a formal
award letter and will need to contact the state agency that approved the application to request a formal award letter.
Second, a LIHEAP participant can provide a utility bill that reflects the Housing Assistance credit. The utility bill should clearly reflecl inclusion of an Energy
Assistance credit.
The beneficiary named on the LIHEAP documentation may be a member of the Lifeline applicant's household, rather than the applicant. ff the name of the
beneficiary on the documentation provided does not match the name of the Lifeline applicant, the ETC must reard the name of the beneficiary and confirm by
receiving certification trom the applicant that the named beneficiary is a member of his or her household, and that this individual dor-s not receive Lifeline.
To find contact information for a local LIHEAP agency, please visit the Low lname Home Energy Assislance Program's state contact and aoencv listinq.
National School Lunch Proqram's Free Lunch Prosram (NSLP)
Although the National School Lunch Program's Free Lunch Program (NSLFP) is a federally assisted program, award letters are provided by state agencies and, thus,
will vary by locality. All award letters should contain the following basic information: name of program, name of beneficiary, address of beneficiary and date of award.
The beneficiary named on the NSLP documentation may be a dependent of the Lifeline applicant, rather than the applicant. lf the name of the beneficiary on the
documentation provided does not match the name of the Lifeline applicant, the ETC must record the name of the beneficiary and confirm by receiving certification
from the applicant that the named beneficiary is a member of his or her household, and that this individual does not receive Lifeline.
Supolemental Securitv lncome (SSll
Participation in the federal portion of SSI is an eligibility criterion for Lifeline. Some stiates offer state supplements to the federal SSI program, but receipt of benefits
ftom the state supplement, but not federal SSl, does not qualify an individual for Lifeline. All award lefters should contain the following basic information: name of
program, name of beneficiary, address of beneficiary, date of award and award amount. A benefit check stub from the Social Security Administration may also be
submitted as proof of participation, if the check stub clearly states the date and name of the beneficiary.
The beneficiary named on the SS/ documentation may be a dependent of the Lifeline applicant, rather than the applicant. lf the name of the beneficiary on the
documentation provided does not match the name of the Lifeline applicant, the ETC must record the name of the beneficiary and confirm by receiving certification
from the applicant that the named beneficiary is a member of his or her household, and that this individual does not receive Lifeline.
name of program, name of beneficiary, address of beneficiary and date of award.
The beneficiary named on the TANF documentation may be a member of the Lffeline applicant's household, rather than the applicant. lf the name of the beneficiary
on the documentation provided does not match the name of the Lifeline applicant, the ETC must record the name of the beneficiary and anfirm by receiving
certification from applicant that the named beneficiary is a member of his or her household, and that this individual does not receive Lifeline.
lnsomestates,TANFmightbemorecommonlyreferredtobyadifferentname.Lookforyourstateonthislistof@I.
Suoolemental Nutrition Assistance Proqram (SNAPI
The Supplemental Nutrition Assistance Program (SNAP) was previously known as Food Stamps. Beneficiary cards and award letters may vary because SNAP is
administered on a state level. Because not all beneficiary cards include the recipient's name, it is recommended that an award letter from the local state agency be
used for Lifeline verification purposes. All award letters should contain the following basic information: name of program, name of beneficiary, address of beneficiary
and date of award.
The beneficiary named on the SNAP documentation may be a memher of the Lifeline applicant's household, rather than the applicant. lf the name of the beneficiary
on the documentation provided does not match the name of the Lifeline applicant, the ETC must record the name of the beneficiary and confirm by receiving
cedification from the applicant that the named beneficiary is a member of his or her household, and that this individual does not receive Lifeline.
ln some states, SNAP might be more commonly refened to by a different name. Look for your state on this list of SNAP orooram names bv state I.
Medicaid
Each state provides its own unique Medicaid card to beneficiaries. However, most cards should cleady state the following: name of program, name of beneficiary,
state of residence, issued or effective date and the name of the state agency that provided the card.
The beneficiary nanred on the Medicaid documentation may be a dependent of the Lifeline applicant, rather than the applicant. lf the name of the beneficiary on the
documentation provided does not match the name of the Lifeline applicant, the ETC must record the name of the beneficiary and confirm by receiving ertification
from the applicant that the named beneficiary is a member of his or her household, and that this individual does not receive Lifeline.
Some states have different names for their Medicaid programs. Look for your state on this list of Medicaid orooram names bv state E.
PROGRAM FI IGIRII ITY
An applicant may be eligible for Lifeline if he or she has a household income at
or below 135% of the Federal Povefi Guidelines. Below are the acceptable types of documentation:. The prior year's state, federal, or Tribal tax retumo A current income statement from an employer or paychecj< stub. A Social Security statement of benefits. A Veterans Administration statement of benefitso A retirement or pension statement of benefits. An Unemploynent or Workers' Compensation statement of benefits. A federal or Tribal notice letter of participation in General Assistanceo A divorce decree, child supporl awad, or other official document
containing income informationo lf the documentation relied on does not cover a full year, such as a
current pay stub, the subscriber must present the same type of
documentiation covering three consecutive months within the previous
twelve months.
Upon examination by Tempo, any copies, photos or faxes of your
documentation will be destroyed or retumed to you at your request.
135% FEDERAL POVERTY GUIDELINES - 2013
Members of
Household
Household lncome must be
at or below
1 $ 1s,s12
2 s 20.93S
3 26.366
4 Jl, /9J
5 $ 37,220
6 s 42.647
7 s 48.074
E $ 53,501
For every additional member of your household, add
$5'427.
All award letters should contain the
Page 5 of5 v.Apr20l3