Loading...
HomeMy WebLinkAbout20151020Exhibit 7 IWI OR ETC.ETP approval.pdfORDER NO. 15 300 ENTERED SEP 2 9 2015 BEFORE THE PUBLIC UTILITY COMMISSION OF OREGON UM 1509 In the Matter of i-wireless, LLC, Application for Designation as an Eligible Telecommunications Carrier in Oregon for the Purpose ofOffermg Lifeline Service to Qualified Households. ORDER DISPOSITION: STIPULATION ADOPTED: PETITION GRANTED WITH CONDITIONS; PARTIAL RULES WAIVER GRANTED I. SUMMARY In this order, we adopt a stipulation recommending, with conditions, approval of the application filed by i-wireless, LLC, dba Access Wireless (i-wireless) for designation as an Eligible Telecommunications Carrier, and designation as an Eligible Telecommunications Provider, enabling it to receive federal Universal Service Fund and Oregon Telephone Assistance Program Support. II. BACKGROUND The Telecommunications Act of 1996 (the Act) has, among its goals, the promotion of quality services at just, reasonable and affordable rates, access to advanced telecommunications and information services, and access to services in rural areas comparable to services in urban areas. Integral to the Act is a national policy that every household have, at a minimum, the equivalent of single-line, basic voice-grade, telephone service, often referred to as "Lifeline" service. To that end, it provides for the establishment of a federal Universal Service Fund (FUSF) which provides financial support to designated providers of telecommunications services. A carrier that meets the standards necessary to receive FUSF support is designated an eligible telecommunications carrier (ETC). An ETC that is an incumbent local exchange carrier (ILEC) receives FUSF support based on the cost of providing supported services. A competitive ETC (CETC) may also receive FUSF support in certain circumstances. A CETC can offer services using either its own facilities or a combination of its own facilities and resale of another carrier s ORDER NO. 15 3 services, but the CETC only gets support for services provided over its own facilities, unless the Federal Communications Commission (FCC) has ruled that the CETC has satisfied an alternative set of conditions, essentially demonstrating that the CETC is financially and technically capable of providing the supported Lifeline service in compliance with all of the low-mcome program rules. Under federal law, states can also set standards for granting a carrier ETC status, and Oregon has done so. In Order No. 06-292, we established guidelines for carriers seeking certification as ETCs in Oregon. An itemized checklist was attached to Order No. 06-292. The checklist consists of two parts: "Initial Designation—Application Requirements" and "Annual Recertification Requirements. In order to offer Lifeline and Oregon Telephone Assistance Program (OTAP) services m Oregon, an ETC must also be designated an Eligible Telecommunications Provider (ETP). Once a carrier has been certified as an ETP, it can receive payments from the Residential Service Protection Fund (RSPF) for providing certain classes of customers with telecommunications services. The checklist requirements for ETC and ETP designation m Oregon are addressed below in the discussion of specific aspects of the application. Among those requirements, a carrier seeking ETP designation must also commit to offer and advertise services targeted to low-income populations. These services are Lifeline and OTAP services.4 m. PROCEDURAL HISTORY On November 19, 2010, i-wireless filed an application for designation as an ETC. It simultaneously filed an application for designation as an ETP to offer OTAP services. On January 10, 2011, the Citizens ' Utility Board of Oregon (CUB), filled a notice of intervention and joined as a party to this proceeding. On August 19, 2011, the Oregon Office of Emergency Management (OEM) filed a petition to intervene. On August 31, 2012, i-wireless filed an amended application for designation as an ETC and ETP and requested waivers of OAR 860-033-0006(3)(b), OAR 860-033-0006(3)(c) * 47C.F.R. §54.201(h). In the ^/e/meAe/orm Or^er, the FCC decided, on its own motion, to forbear from applying the facilities requirement of Section 214(e)(l)(A) to any telecommunications carrier that seeks limited ETC designation to participate in the Lifeline program, conditioned on the ETC's compliance with certain 911 requirements and the ETC's filing with and approval by the FCC of a compliance plan describing the ETC's adherence to certain protections prescribed by the FCC. In the Matter of Lifeline and Link Up Reform and Modernization, Lifeline and Link Up, Federal-State Joint Board on Universal Service, Advancing Broadband Availability Through Digital Literacy Training, WC Docket No. 11-42, WC Docket No. 03-109, CC Docket No. 96-45, WC Docket No. 12-23, Report and Order and Further Notice of Proposed Rulemakmg, FCC 12-11 (rel. Feb 6, 2012) {"Lifeline Reform Order"), ^ 368. Accordingly, on October 21, 2011, the FCC approved the applicant's compliance plan and i-wireless was granted blanket forbearance by the FCC from the provision of Section 214(e)(l)(A) of the Act. 2 Docket No. UM 1217 (Jun 13,2006). In the Matter of Lifeline andLink Up Reform and Modernization, et al., FCC 12-11 at ^ 245. The PCC eliminated Link Up support on non-tribal lands for all ETCs. The support ended April 1, 2012. .See generally OAR 860-033-0001, et seq. for a discussion of the RSPF and its application to the provision of the named services by ETCs and the compensation and support programs related thereto. ETCs who offer those services are known as Bligible Telecommunications Providers or ETPs. OAR 860- 033-0010 through OAR 860-033-0046 set forth the Commission rules with respect to OTAP. ORDER NO.15"" 3 and OAR 860-033-0030(6). During the following months, the parties exchanged information and held settlement conferences and workshops. However, on November 1, 2013, the FCC issued i-wireless a Notice of Apparent Liability for Forfeiture (NAL) and the parties agreed to hold the docket in abeyance until the matter was resolved. On August 28, 2015, i-wireless, CUB, OEM and the Commission Staff (parties) jointly filed a stipulation and accompanying exhibits A-F purporting to resolve all issues concerning the application as amended, along with supporting sworn testimony and exhibits of the parties and motions to admit all of the foregoing into the record. The stipulation and its accompanying exhibits are attached as Appendix A and incorporated by reference. The motions to admit the stipulation, exhibits, and joint testimony are granted. TV. THE AMENDED APPLICATION i-wireless is a mobile virtual network operator that provides wireless service to customers utilizing the Sprint network, i-wireless is a limited liability company that is 50 percent owned by Genie Global, Inc., and 50 percent owned by The Kroger Company, a large retail grocery chain. The company has been providing wireless service for over seven years. It began providing Lifeline services in 2011 under the Access Wireless brand name and has been designated as an ETC to provide Lifeline service in 35 jurisdictions. Upon designation as an ETC and ETP, as it has done in other jurisdictions, i-wireless will offer eligible Lifeline customers a choice of several plans under the Access Wireless brand name. The Access Wireless 500 Anytime Minutes Plan, with no net cost to the customer, will be consistent with the FUSF low-income fund-supported 250 minutes per month as well as 250 additional voice only OTAP minutes, which will include domestic long distance calling. Lifeline customers will also receive a free handset, access to voicemail, caller I.D. and call waiting features at no additional charge, even after their initial allotment of included minutes have been used. Lifeline customers will also have free access to 9-1-1 and customer service. Additional minutes may be purchased by Lifeline customers at a cost not to exceed $.10 per minute. Lifeline customers will be able to accumulate free minutes for dollars spent at participating Kroger-owned stores by using Kroger-issued shopper loyalty cards. Other plans will reflect a discount on the company's retail rate plans. i-wireless will seek reimbursement for Lifeline service from the FUSF. It will also seek OTAP reimbursement of $3.50 per customer per month from the Oregon RSPF. It will not seek any high-cost support funding and requests ETC designation for the limited purpose ofreceivmg only low-income support funds. The company does not seek designation on Tribal Lands and will therefore not offer Tribal Lifeline service. Any Tribal Lands mcluded in the served area ZIP code list are excluded from the company's service area. Ifi-wireless decides to offer Tribal Lifeline service in the future, it will file an amended application requesting designation on Tribal Lands. 5 In the Mailer of i-wireless, LLC, FCC 13-148 (Released November 1, 2013). la Oregon, these are the 55 Fred Meyer and Qualify Food Center stores. 15ORDER NO. ' ^ V. THE STIPULATION The stipulation amends and supplements the application by its own terms and by the inclusion of Exhibits A through D and Exhibit F. Exhibit A is a list of ZIP codes of the company's designated service area; Exhibit B is a map of its designated service area excluding tribal lands; Exhibit C is a coverage map of the company's underlying carriers; Exhibit D is a description, in table form, of the Lifeline plan offerings to non-tribal customers; and Exhibit F is a sample of the quarterly report on its Lifeline program that i-wireless commits to file with the Commission Staff as one of the terms of the stipulation. The stipulation provides that the company will remit the RSPF surcharge to the Commission on behalf of all its Oregon customers and remit the Oregon 9-1-1 tax to the Department of Revenue on behalf of all of its Oregon Lifelme customers. The stipulation also contains special conditions intended to protect against waste, fraud and abuse and to address concerns related to the nature ofi-wireless' Lifeline services arising out of the NAL. We discuss these conditions separately below. The sections for which the parties agree that waivers are necessary are listed in Exhibit E to the stipulation. In the stipulation, the parties agree that i-wireless meets all initial designation and annual recertification requirements established in Order No. 06-292 for ETC status, as well as requirements in related FCC orders, with the exception of those sections of Order No. 06-292 and our rules for which waivers are being sought. The parties also agree that i-wireless meets all ETP requirements specified m OAR Chapter 860, Division 033, except for those requirements for which waivers are being sought. For the reasons set forth in the joint testimony submitted in support of the stipulation, the parties agree that good cause exists to request waivers and that the waivers should be granted. VI. DISCUSSION Although Oregon's requirements generally mirror those of the FCC, i-wireless must also prove that it complies with each item on the Order No. 06-292 "checklist," and demonstrate that any waiver given for non-compliance with any checklist item serves the public interest. In order to be designated an ETP, as well as an ETC, m Oregon, i-wireless must demonstrate its compliance with the relevant sections of OAR 860-033- 0001 et seq. or demonstrate that any waiver given for non-compliance with such rule also serves the public interest. Our findings with respect to those requirements which are relevant to i-wireless follow. A. ETC Checklist Items in Compliance with Commission Rules 1. Initial Designation Item 1.1: Common Carrier, i-wireless is a reseller of wireless services and does not own any of the facilities used to provide telecommunications service. It relies upon the Sprint network. Section 153 of the Communications Act of 1934, as amended, defines a common carrier as "any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio." 47U.S.C. § 153(11). The Act expressly classifies ORDER NO.15 ""30 wireless carriers as common carriers for regulatory purposes. 47 U.S.C. § 332(c)(l)(A). We find that i-wireless has complied with this checklist item. Item 1.2: Service Description and Geographic Area. Pursuant to FCC authorization and following designation, i-wireless will offer Lifeline customers the Access Wireless 500 Anytime Minutes Plan, as described in Exhibit D to the stipulation, i-wireless will offer its Lifeline services throughout the proposed designated service area defined by the ZIP codes listed in Exhibit A to the stipulation. A map that generally illustrates the designated service area is provided as Exhibit B to the stipulation. A map that depicts wireless coverage is provided as Exhibit C to the stipulation. Item 2.1: Commitnaent and Ability to Provide All Supported Services. Application requirement 2.1 m Appendix A of Order No. 06-292 requires a statement of the carrier's commitment to offer all required supported services and description of each supported service currently offered, listing nine services. The FCC's 2011 amendments to 47 C.F.R. § 54.101 elimuiated the equivalent list of nine supported services, specifying instead that voice telephony service" (as defined in the modified rule) is supported by the federal universal service mechanisms. Following designation as an ETC in Oregon, i-wireless has committed to offer the supported voice telephony services as described in the amended 47 C.F.R. § 54.101. Although no longer required by the FCC, the services that i-wireless has committed to provide in its application include the nine services or their functional equivalent that are enumerated m Oregon's requirement 2. 1. We therefore find that i-wireless has met the requirements of this checklist item. Item 2.3: Lifeline Service Offerings Description, i-wireless is seeking ETC designation solely to provide prepaid wireless Lifeline service under the Access Wireless 500 Anytime Minutes Plan and i-wireless Retail Plans, described in Exhibit D to the stipulation. The rate plans also include the availability of Access Wireless Top Up Cards with which Lifeline customers may purchase additional minutes of voice, and additional amounts of data and picture mail services as described in Exhibit D. The company will notify existing Lifeline customers within ten days following any increase in the minutes, units or other material terms of its Lifeline service offerings and permit those customers to immediately subscribe. Ifi-wireless offers Lifeline service in another state with more included minutes or other material terms, or a promotional offering with a higher number of free minutes, units, or other material terms of its Lifeline service offerings, it will extend such terms to all Oregon Lifeline customers. We find that i-wireless has described its service offerings with sufficient specificity to satisfy this checklist item. Item 3.2: Commitment to Provide Service, i-wireless has committed to offering the supported services throughout its proposed service area. However, the parties note that, as a reseller, i-wireless has only a limited ability to resolve reception issues. Accordingly, i-wireless agrees that it will report on customers that cancel service due to Voice grade access to the public switched telephone network, local usage, dial tone, multi-frequency signaling, single party service 911, operator services, interexchange services and directory assistance access and toll limitation. ORDER NO.15 30 0 reception issues. We find that, by reporting reception issues, i-wireless has complied with this checklist item. Item 4.2: Signal Strength. This item requires a wireless carrier to provide a map of the current network coverage and signal strengths. As a reseller, i-wireless does not have access to more detailed data than that provided by the underlying wireless carrier. i-wireless has provided a coverage map indicating that the minimum signal strength is -99 dBm as Exhibit C. Ifi-wireless discontinues or expands the use of its current underlying wireless carriers, or expands coverage through use of additional underlying wireless carriers, it will file a notice with the Commission and Staff will review the remaining wireless coverage and may recommend modifications to the designated service area as may be appropriate. It will, in keeping with the Cellular Telecommunications Industry Association (CTIA) Consumer Code, provide coverage mapping on its website and at the points of sale. We find that i-wireless has complied with this checklist item and that a partial waiver, though requested, is not required. Item 8: Ability to Remain Functional in Emergencies, i-wueless provides service to its customers through the Sprint network, giving customers the same ability to remain functional in emergency sihiations as that network currently provides to its own customers. By virtue of its relationship with Sprint as a reseller, E911 service is fully deployed and m compliance with all applicable E911 rules. We find that i-wireless has complied with this checklist item. Item 10: Public Interest Standard. This item requires a demonstration that designation would be in the public interest. Sub-requirement 10.1 addresses specific ways m which consumer choices will be mcreased, specific advantages and disadvantages of the applicant's service offering and any other criteria detennined by the Commission. The stipulating parties note that designation ofi-wireless as an ETC under the terms and conditions of the stipulation will expand consumer choice among carriers and provide Lifeline services at no cost to participating customers, i-wireless will offer the greatest number of free minutes to date to customers who desire a plan without any charges. The company will also offer plans with data options and more minutes for customers in need of them. We find that i-wireless satisfies checklist item 10.1. 2. Annual Receftification In Order No. 15-169 in Docket UM 1648, we changed the annual reporting requirements previously established in Order No. 06-292. Each ETC must now file annually with the Commission a complete and non-redacted copy of designated reports filed with the FCC for the report year. For carriers receiving only low-income support, such as i-wireless, FCC Form 481 is the only form required, i-wireless commits to providing that report. Joint/100, Schimpf, Marinas, Gray, Jenks, Tennyson/15. 9 Id. at 15-16. ORDERNO. t5"" 3 0 0 B. Checklist Items Requiring a Waiver of the ETC Checklist Requirements The parties have requested waivers for the following checklist requirements: Item 3.1: Service Area Identification. This checklist item requires explicit identification of the proposed service area through a map and a list of wire centers. This requirement includes sub-item 3.1.1 which specifies the submission of a map of the licensed service area boundaries and its requested designated service area boundaries overlaid on the boundaries of all ILEC wire centers it proposes to include in its designated service area. Sub-item 3.1.2 requires a list of wire centers that will comprise the designated service area. The list included in Exhibit A and the coverage map mcluded in Exhibit B to the stipulation are based on ZIP code boundaries, rather than wire centers, and are therefore asking for a waiver of requirement 3.1. In requesting the waiver, the parties note that wireless carriers often use ZIP codes to locate addresses and assist consumers in viewing wireless coverage areas and state that it is a more relevant framework in a wireless environment; wire centers are more closely related to the provision oflandline service. Furthermore, Lifeline eligibility is linked to a consumer's home address which is more readily verifiable by ZIP code. The parties represent that there are no prohibitions under state or federal law or regulations with respect to utilizing ZIP codes to identify service areas under circumstances such as this. In Order No. 06-292 at page 11, we indicated that we would consider alternatives to requiring an ETC to include an entire ILEC wire center in its service area. Furthermore, in its USF/ICC Transformation Order, the FCC adopted census blocks, rather than the previously used wire centers, as the units to award high- cost funds, such as those for the rural broadband experiments and CAF funding. It is readily apparent that the use ofILEC wire centers to define service areas has become less relevant when wireless carriers are providing ETC services. Using ZIP codes is a less burdensome, more efficient and more readily-understood means to determine service areas and describe those areas to the public. We find good cause to waive these requirements. Item 4.2: Signal Strength Mapping. i-wireless has provided a coverage map utilizing minimum signal strength of-99 dBm. The map is included as Exhibit C to the stipulation, i-wireless requests a waiver of the requirement to the extent that additional signal strength mapping is required. i-wireless notes that, as a reseller of wireless services, it does not have access to more detailed information. i-wireless has committed to make coverage maps available at the point of sale and on its website in accordance with the CTIA Consumer Code. We find good cause to waive these requirements. Item 10.2: Cream-skimming Analysis. This checklist item was originally required where the applicant's proposed designated service area will not include the entire study area of a rural ILEC. No such analysis is required by the FCC for i-wireless' Lifeline service, as 10 /rf.at 14. ORDER N0.1 5 300 the FCC has found that cream-skimming is not a concern for carriers seeking Lifeline support only. We find that i-wireless has provided good cause for non-compliance with these checklist items and we find good cause to waive those requirements with respect to the instant application. C. ETP Compliance with Commission Rules An ETC that is also designated as an ETP must comply with the RSPF rules set forth in OAR 860-033-0001 through 860-033-0110. We have reviewed the application, stipulation, exhibits, and joint testimony and find that the representations necessary to satisfy the requirements of our rules have been met except for those portions of our rules for which waivers are being sought. L OAR 860-033-0005(7) (a) This subsection provides that, in order to be designated as an ETP, an ETC must offer telecommunications service "using either its own facilities or a combination of its own facilities and resale of another carrier's services." The FCC has granted i-wireless forbearance from this requirement and approved its Compliance Plan. We find that i-wireless has provided good cause for non-compliance with this rule and we waive the requirement with respect to the instant application. 2. OAR 860-033-0006(3) (b) TMs subsection requires each cellular, wireless, or other radio common carrier to collect the RSPF charge from is subscribers, including those eligible for OTAP. i-wireless has committed to remit the applicable surcharge on behalf of its customers m lieu of collecting it from customers. As a prepaid service provider, i-wireless does not issue invoices and its Lifeline plan requires no financial contribution from customers. We fmd that i-wireless has provided good cause for non-compliance with this rule and we waive the requirement with respect to this application. 3. OAR 860-033-0006(3)(c) This subsection requires i-wireless to identify the RSPF surcharge on its customers' bill. As noted above, i-wireless does not issue invoices to its Lifeline customers. We find that i-wireless has provided good cause for non-compliance with this rule and we waive the requirement with respect to this application. Id. atl6 citing In the Matter of Virgin Mobile USA, L.P. Petition for Forbearance from 47 U.S.C. § 214W(A),CC Docket No. 96-45, Order 09-18, ^ 39, n. 101 (Mar 5,2009) ("^we need not perform a cream-skimming analysis because Virgin Mobile is seeking eligibility for Lifeline support only.") ORDER NO. D 5 4. OAR 860-033-0010(2) i-wireless seeks awaiver of OAR 860-033-0010(2). OAR 860-033-0010(2) requires the wireless carrier to provide the OTAP and Lifeline discount to eligible customers. i-wireless will offer the OTAP and Lifeline discount on all plans except the 100 Minute Talk with Unlimited Text and 50MB Data retail plans. These plans are excluded because they offer fewer minutes for voice, the supported service, than the 500 Free Minutes plan. The parties support i-wireless m its request for a waiver of this subsection of our rules because the company will offer a wide variety of plans to Lifeline customers, and the plans for which the discounts are not available does not provide a significant amount of OTAP and Lifeline supported services. We find that i-wireless has provided good cause for non-compliance with this rule and we waive the requirement with respect to this application. 5. OAR 860-033-0046(4) Under this subsection of our rules, a wireless carrier is supposed to provide a weekly "No Match Report" in which the carrier notifies the Commission of any discrepancy that prevents the list of eligible customers from receiving the OTAP or Lifeline benefit. Under the stipulation, i-wireless will submit a weekly Order Activity report to staff in an electronic format accessible to the Commission in lieu of the No Match report. The parties agree that the No Match Report is unnecessary because i-wireless will provide the same tnformation in the Order Activity report. We find that i-wireless has provided good cause for non-compliance with this rule and we waive the requirement with respect to this application. D. IMatters Requiring Additional Consideration: FCC NAL On November 1, 2013, the FCC issued the NAL (see footnote 5, supra) proposing a penalty for instances of alleged duplicate Lifeline subscribers. On January 10, 2014, i-wireless submitted its response to the FCC, which the stipulating parties contend contained a comprehensive factual analysis and legal defense against the allegations, seeking a cancellation of the proposed forfeiture. To date, the FCC has taken no further action in that docket and has provided no response to i-wireless' attempts to resolve the matter. The ultimate outcome is unclear/ Despite the pendency of the NAL, state commissions with the appropriate jurisdiction in Nebraska, Georgia, Washington and California have found i-wireless to satisfy their standards for designation as an ETC. For example, the California commission staff 12 Id. at 22. See Id at 18 for the parties' discussion of the statutory requirements and procedural aspects ofFCC NALs. 14 Id. at 19. ORDER NO. IS 3 0 n found that, absent an FCC threshold, 1.5 percent provided a reasonable guideline for an acceptable level of duplication, and that the i-wireless duplication rate "does not rise to the level of a 'significant' risk that justifies a denial of their ETC designation request." In order to address the issues raised by the NAL, i-wireless has agreed to provide the quarterly reports to Staff and CUB in the format identified in the Stipulation as Exhibit F. In addition, i-wireless will submit monthly to Staff a copy of its Oregon-specific monthly Lifeline Worksheet (Form 497) that it submits to the Universal Service Administrative Company from which it claims or seeks low-income reimbursement or support. In conjunction with that form, the company will provide the customers' names, residential addresses, phone numbers and Commission-assigned OTAP identification number to Staff in an electronic format accessible to the Commission. When applicable, i-wireless agrees to provide Staff a revised copy of Form 497 and the corresponding revised report. Upon approval of the stipulation, the company will file all information required by the FCC under 47 CFR§ 54.401(d) and provide Staff with a copy of any certification that its Lifeline plan satisfies the federal criteria within ten business days of receipt. We have reviewed the proposed methods contained in the stipulation to track Lifeline eligible customer records and find that sufficient safeguards have been put m place to warrant a finding that the applicant has adequately addressed these public interest concerns and should be granted ETC and ETP status. VII. ORDER IT IS ORDERED that: 1. The stipulation between i-wireless, LLC, dba Access Wireless; the Staff of the Public Utility Commission of Oregon; the Citizens' Utility Board of Oregon; and the Oregon Office of Emergency Management, attached to this order as Appendix A, is adopted. 2. The i-wireless, LLC, dba Access Wireless Application for Designation as an Eligible Telecommunications Carrier m Oregon for the Purpose ofOffermg Lifeline Service to Qualified Households, as amended, is granted subject to the conditions set forth in this order. 15 California Public Utilities Commission Resolution T-17449, at 17-18. 16 Joinf/100, Schimpf, Marmos, Gray, Jenks, Temiyson/22-23. 10 ORDER NO. 1.5 500 3.Our rules are waived to the extent set forth in this order. Made, entered, and effective SEP 29 2015 COMMISSIONER ACKERMAN WASUMWAILA9LE FOR SIGNATURE Susan K. Ackerman Chair *'-'^S>''^v'^Kvi *''', t^'''; ''' .*'/•'U3iSPry¥F'Y:>?^-'-"''",.- •• ''..-•'• //'^WsS<</^E^yQ^-^ Fohn Savage Commissioni Eephen M. Bloom Commissioner A party may request rehearing or reconsideration of this order under ORS 756.561. A request for rehearing or reconsideration must be filed with the Commission within 60 days of the date of service of this order. The request must comply with the requirements in OAR 860-001-0720. A copy of the request must also be served on each party to the proceedings as provided in OAR 860-001-0180(2). A party may appeal this order by filing a petition for review with the Court of Appeals in compliance with ORS 183.480 through 183.484. 11 ORDER NO. BEFORE THE PUBLIC UTILITY COMMISSION OP OREGON In the Matter of i-wireless, LLC dba Access Wireless Application for Limited Designation as an Eligible Telecommunications Carrier and Eligible Telecommunications Provider for the Purpose of Offering Lifeline Service, and Request for Waiver Pursuant to 860-033- 0001(2) Docket No. UM 1509 STIPULATION This Stipulation is entered into for the purpose of resolving all issues in this proceeding by and among the parties as. set fortli below. PARTIES 1. The parties to this Stipulation (the "Stipulation") are i-wireless, LLC dba Access Wireless ("i-wireless"), the Citizens' Utility Board of Oregon ("CUB"), the Oregon Office of Emergency Management ("OEM ), and the Staff of the Public Utility Commission of Oregon ("Staff"), representing all of the parties to the proceeding (together, the "Parties" and individually, a "Party"), BACKGROUND 2. On November 19, 2010, i-wireless filed its initial Application for Limited Designation as an Eligible Telecommunications Carrier ("ETC") with the Public Utility Commission of Oregon (the "Commission"), This Application also included a request for designation as an Eligible Telecommunications Provider ("ETP") for participation in the Oregon Telephone Assistance Program ("OTAP") under Oregon Administrative Rule ("OAR") Chapter Docket No. UM 1509 - STIPULATION Page 1 of 17 APPENDIX A Page 1 of 32 ORDER NO.:') 1; 860, Division 033: Residential Service Protection Fund ("RSPF"), 3. On Friday, January 21,2011, a prehearing conference took place. CUB and OEM intervened in tlie docket. The Parties agreed to delay setting a schedule until the Federal Commumcations Commission ("FCC") approved i-wireless' Compliance Plan required by its Forbearance Order, FCC 10-117. 4. On January 12, 2012, the Administrative Law Judge ("ALJ") requested that i- wireless file a status report, On January 23, 2012» i-wireless filed a status report explaining that even though the FCC had approved i-wh'eless* Compliance Plan on October 21, 2011, the Company wanted to wait to observe the impacts of an expected FCC order refomiing Lifeline before submitting an amended application. The FCC Lifeline Reform Order (FCC 12-11) was released in February of 2012. On August 20,2012, i-wireless filed another report explaining that it needed more tune to ensure compliance with fee FCC Lifeline Reform Order. 5. i-wireless filed an Amended Application on August 31, 2012. A prehearing conference was held on October 10,2012. Thereafter, the Parties filed several status reports with the ALJ. Staff and CUB served data requests on i-wireless to which i-wireless responded. On October 31, 2012, the Parties held a workshop. The Parties held additional workshops and settlement conferences on February 25, May 9, and November 7 of 2013. During a conference call on March 12, 2014, the Parties agreed to support a motion to hold the docket in abeyance until October 14,2014, which was then filed. The docket was suspended effective April 9, 2014 through October 14, 2014. Followmg the end of the abeyance period, the Parties held additional settlement conferences/workshops on November 13, 2014, January 27, 2015^ March 3,2015,and May 8,2015. The conferences have been open to all parties to this docket. 6. Staff and CUB have reviewed i-wireless's ETC and ETP Amended Application and exhibits, and considered the additional mformation provided by i-wireless in response to data requests, informal inquiries, and at workshops/settlement conferences. As a result, the Parties have agreed to modification of several portions of i-wireless's Amended Application, which are superseded by the replacement documents and conditions specified in this Stipulation. DocketNo. UM 1509 - STIPULATION Page 2 of 17 APPENDIX A Page 2 of 32 ORDER N0.1.''' \ "" 7. All outstanding issues have been resolved and have been addressed. No Party opposes i-wireless's ETC and ETP designati'on under the terms and conditions set forth in the Stipulation. The Parties are tlierefore entering into this Stipulation. AGREEMENT AND CONDITIONS 8. The Parties agree that i-wireless's designation as an ETC and ETP for the limited purpose of offering OTAP and Lifeline sei-vices in Oregon, with application of the following terms, conditions, and certain waivers, is in the public interest. 9. The Parties agree that i-wireless meets all initial designation and annual recertificafion requirements established in Order No. 06-292 for ETC status, .as well as requirements in subsequent related FCC Orders, except as specified herein. i-wireless's ETC designation will be only for purposes of participation in the Lifeline Program of the federal Universal Service Low Income Fund. i-wireless will not be designated to receive support from the High Cost Fund or fi'om the Tribal Lifeline or Link Up portion of the federal Universal Semce Low Income Fund, 10. The Parties agree that i-wireless meets all ETP requirements specified in OAR Chapter 860, Division 33, with the exception of those for which waivers are requested herein. 11. The Parties agree that approval of i-wireless's ETC and ETP Amended Application is in the public interest subject to the additional requirements specified herein. By virtue of executing this Stipulation^ i-wireless agrees to abide by and perform all terms of this Stipulation with respect to providing OTAP and Lifeline supported services in Oregon and to comply with all relevant federal and Oregon requirements for continued ETC and ETP status. 12, i-wireless's ETC and ETP designated service area will be comprised of the zip code areas set forth in Exhibit A to this Stipulation, and illustrated in the map in Exhibit B to this Stipulation. The designated service area excludes any Tribal Lands that lie within the areas of the zip codes listed, i-wireless will provide its prepaid wireless services throughout its designated area in Oregon by purchasing services on a wholesale basis from Sprint, i-wireless represents that Sprint has substantial if not complete coverage throughout each of these zip code DocketNo. UM 1509 - STIPULATION Page 3 of 17 APPENDIX A Page 3 of 32 ORDER NO. areas. As i-wu'eless will be unable to improve service to customers where its underlying carrier does not provide acceptable levels of wireless reception, i-wh-eless agrees to report quarterly on the number of customers within the designated service area that are declined seivice or cancel service because of poor or no reception. The report must include addresses for those customers so that the data may be analyzed to determine areas of insufficient service, I. ETC Requirements 13. Tills Stipulation revises certain information included in i-wh'eless's Amended Application and binds i-wireless to specific commitments not made In it's Amended Application. (a) The zip code list in Exhibit A of this Stipulation replaces the list in Exhibit 3 of i- wireless's Amended Application. Tills list addresses the general intent of the requirement for initial designation in Appendix A, Initial Requu'ement 3.1.2 of Order No. 06-292, in that it explicitly defines the areas that comprise the proposed designated service area. The Parties agree that defining the designated service area in terms of zip codes rather than wire centers is in the public interest. (b) The map in Exliibit B of this Stipulation replaces the map m Exhibit 3 of i-wiieless s Amended Application. The map illustrates the zip code areas that comprise the proposed designated service area. The map is an approximation of the zip code areas and is to be used for illustrative purposes only. The Parties accept that this map addresses the general intent of the requirement for initial designation in Appendix A, Initial Requirement 3.1.1 of Order No. 06-292. Howevei, because the map depicts zip codes rather than wire center areas, to the extent that a waiver may be deemed necessary, the Parties support granting such a waiver. (c) To fulfill the map requirement for initial designation in Appendix A, Initial Requirement 4.2, of Order No. 06-292, i-wireless submits a public coverage map as Exhibit C of this Stipulation. The map indicates areas of coverage with minimal signal strength of -99 decibel mflliwatts (dBm). Furthermore, i-wireless agrees to malce available coverage maps in accordance with the CTIA Consumer Code at the point of Docket No. UM 1509 - STIPULATION Page 4 of 17 APPENDIX A Page 4 of 32 ORDER NO. sale and on its website upon designation. (d) i-wireless's Lifeline and the available non-Ufeline rate plans and additional service offerings are displayed in Exhibit D of this Stipulation. 14. Upon designation, ifi-wireless discontinues or expands the use of Sprint facilities to provide Lifeline services in Oregon, or expands coverage through use of wireless facilities of another carrier, it will file notice with the Commission in Docket No. UM 1509 at least thirty (30) days prior to the network change. After notice is filed. Staff will perform a review of i- wireless's remaining wireless coverage and may recommend that the Commission modify i- wireless's designated service area as may be appropriate, i-wireless will post its handset- unlocking policy consistent with the CTIA Consumer Code on the Access Wireless website prior to offering Lifeline services m Oregon, 15. i-wireless was granted blanket forbearance by the FCC from the requirement of Section 214(e)(l)(A) of the federal Communications Act of 1934, as amended, 47 USC 214(c)(l)(A), that ETCs must use their own facilities to provide supported services. As part of forbearance, ETC applicants must submit Compliance Plans to the FCC for approval. The FCC approved i-wireiess's plan on October 21, 2011. If conflicts exist or arise between Oregon requirements for ETC and ETP designation and specifics in i-wireless's FCC Compliance Plan, i-wireless will adhere to Oregon requirements^ provided they are not inconsistent with federal law. 16. i-wireless meets all requirements for initial designation of Order No. 06-292, as well as the requirements of subsequently-issued FCC orders, except those identified in Exhibit E. 17. i-wh'eless will comply with all applicable annual ETC reporting requirements following designation as an ETC. II. ETP Requirements 18. i-wireless meets all ETP designation requu-ements and is able to comply with the relevant provisions of OAR Chapter 860, Division 33 upon designation, with the exception of Docket No. UM 1509 - STIPULATION Page 5 of 17 APPENDIX A Page 5 of 32 OKDERNO. those requirements and provisions for which the Parties have agreed to suppoit waiver requests. The specific lilies, or rule subsections, that the Parties agree the Commission should waive are those included in Exhibit E of this Stipulation. The reasons supporting the request for waivers are set forth in the Exhibit. The Commission is authorized to grant the requested waivers, for good cause shown, per OAR 860-033-0001(2). The Parties agree good cause exists to support the waivers in Exhibit E. 19. i-wlreless's proposed service offerings for Lifeline customers m Oregon are described in Exhibit D of this Stipulation, i-wireless represents that it will pass through to its Oregon Lifeline customers all funds received from the federal universal service Amd. FoUowing designation and the start of operations in Oregon, i-wh'eless agrees to advertise Lifeline service to existmg 1-wu'eless customers who may be eligible for Lifeline. 20. i-wireless will ensure that its Oregon Lifeline customers have the ability in Oregon to purchase additional minutes for their account from i-wireless. Top up card options are displayed in Exhibit D. Additional minutes will be available for purchase to Oregon Lifelme customers at JCroger-based stores, by phone, through customer service, or online through i- wireless's websites at www.accesswireless.com and www.ki'ogeriwireless.com. 21. For Lifeline services provided at no charge to the customer, i-wkeless, upon designation, will thereafter submit any proposed reductions in minutes, units or other material terms of Lifeline service offerings to the Commission at least 90 days prior to the proposed effective date. Proposed increases in minutes or other material terms of Lifeline service offerings must be submitted at least ten days before changes become effective. Once changes become effective, the revised service offerings must be filed in this docket wifhin ten days. 22. If, in another state, i-wireless offers a Lifeline service offering with more included minutes or other material terms that exceed what is offered at that time to Oregon customers, i- wireless will extend such terms for Lifeline service to all Oregon custora.ers. Ifi-wireless creates a promotional offer for Lifeline service in any other state that includes a Mgher number of free Docket No. UM 1509 - STIPULATION Page 6 of 17 APPENDDCA Page 6 of 32 ORDER NO. minutes of usage than offered at that time in Oregon, i-wireless will offer that same promotion to all Oregon consumers. This paragraph does not apply to i-wireless's Lifeline service offerings in states that provide an additional monthly state subsidy, supplement or benefit that is greater than the monthly OTAP benefit. 23. For Lifeline services provided at no charge to the customer, i-wireless, upon designation, will thereafter notify existing customers within ten days following an increase in the minutes, units, or other material terms of Lifeline service offerings and permit existmg customers to immediately subscribe to the increased service offering if the increase is not automatically applied to all customers. Staff or CUB may request a re-evalualion of the OTAP-supported component of the Access Wireless Oregon Lifeline 500-mmute plan if market conditions result in increased free minutes offered by other ETCs. Any such request for re-evaluation may be made no earlier than one year from designation. . 24. i-wireless will continue to remit the RSPF surcharge to the Commission on behalf of all its Oregon customers, including Oregon Lifeline customers, but reserves the right to cease RSPF surcharge payments should the law change to no longer require such remittance. 25. i-wireless will comply with Oregon's 9"1"1 emergency reporting system tax requirements, currently set forth in Oregon Revised Statutes ("ORS") 403.200 to ORS 403.230. i-wireless will remit the 9-1-1 Emergency Communications tax on behalf of all its OTAP and Lifeline customers, but reserves the right to cease 9-1-1 tax payments should the law change to no longer require such remittance. 26. The Parties agree that upon Commission designation, but prior to advertising and offering Oregon Lifeline supported services to any individual in Oregon, i-wireless must meet the following conditions: (a) i-wireless must demonstrate operational readiness and the ability to fulfill all reporting requirements of this Stipulation to Staffs satisfaction. Staff may request that 1-wireless either host a Staff site visit at i-wlreless's contact and fulfillment centers or remotely demonstrate to Staff how its respective databases and systems Docket No. UM 1509 - STIPULATION Page 7 of 17 APPENDIX A Page 7 of 32 ORDER NO. are synchronized to capture, produce, and generate the required data for all reports outlined in the Stipulation, i-wireless will further demonstrate how their databases and systems will enable i-wireless to fulfill the requirements of this Stipulation. (b) If at any tune Staff reasonably believes that i-wireless's databases or systems are not operating effectively in Oregon, Staff may temporarily suspend processing new applications in order to confer with i-wireless and address i-wit'eless's operational issues. If the operational issue does not negatively affect the operation of OPUC databases. Staff will first provide notice to i-wh'eless whereupon i-wireless shall have a reasonable opportunity to cure before a suspension takes effect. 27. The Parties agree that when i-wireless begins operating in Oregon, each customer applying for Oregon Lifeline supported service provided by i-witeless may complete and submit the Commission-approved Oregon Lifeline application directly to i-wireless. The application must include a listing of all plan offerings and net price for each plan for the consumer, i- wireless acknowledges that in receiving Oregon Lifeline applications, it will comply with the Commission's technical, operational, reporting and functional requirements for the Commission's automated process for Oregon Lifeline. After i-wireless transmits an application to the Commission, Staff will perform all initial and ongoing (i,e., recertiflcation) eligibility verification functions, including duplicate checks. i-wireless will require the Lifeline applicant to complete the Company's one-per-household worksheet when the Company Identifies that other Lifeline customers are residing at the applicant's residential address. i-wireless will also refer the Lifcliuc applicant to llie Conmussion for resolution if the Company identifies that the applicant is part of a potential inter-company household duplicate. 28. The Parties agree fhat Staff may require each customer applying for Oregon Lifeline service provided by i-wu-eiess to complete and submit the Oregon Lifeline application directly to the Commission as necessary for operational efficiency. 29. The Parties agree that when Staff notifies i-wireless of a customer who is no longer eligible or wishes to de-em'oll from the Oregon Lifeline program, i-wireless will, within Docket No, UM 1509 - STIPULATION Page 8 of 17 APPENDIX A Page 8 of 32 ORDER NO.TTTT five (5) business days, de-enroll the customer &om the Oregon Lifeline program, i-wu'eless will thereafter not request OTAP or federal Lifeline reimbursement for that customer. 30, Upon designation as an ETC and ETP, i-wireless agrees that it will not contact any errrolled customer to verify that the customer still qualifies for Oregon Lifeline services unless the parties agree in a particular circumstance that i-wireless may contact a customer in order to ask the customer to contact the Commission for recertificatlon. 31. Upon designation, i-wireless acknowledges and agrees it shall comply with OAR 860-033-0110, and any other applicable OARs related to advertising, marketing and outreach. i-wireless agrees to discuss and address any concerns Staff may have with respect to any advertising and marketing materials submitted to Staff and to work in good faith to resolve such concerns. 32. i-wireless agrees to the following with respect to the use of thu'd party representatives following designation as an ETC and ETP by the Commission: (a) i-wireless is responsible for any act, omission, or failure to comply with OTAP and Lifeline rules committed by an agent, contractor, subcontractor, representative of or employee of i-wireless acting within the scope of the person s employment, i" wireless does not currently provide or allow a representative (including any agent, contractor, or subcontractor) to receive any commission, bonus, or other incentive payment based upon the submission of an Oregon Lifeline application; rather, such incentives are currently based upon the successful enrollment of an Oregon customer in the Oregon Lifeline program. i-wireless agrees to notify Staff thirty (30) days prior to any change in its compensation practices described above, and to work in good faith to address Staffs concerns, if any. (b) Neither i-wireless nor its representatives, including agents, contractors, and subcontractors, may sign an application on behalf of a customer. Nothing in this section is intended to limit a consumer's ability to request accommodation under the federal Americans with Disabilities Act, as amended, while completing an application. Docket No. UM 1509 - STIPULATION Page 9 of 17 APPENDIX A Page 9 of 32 ^•"! ^' ,^ ORDER NO. (c) If i-wh'eless transmi-ts a customer's OTAP or Lifeline application or any representative transmits the application on behalf of i-wireless, i-wireless must provide the customer with the following: i. Electronic and/or hard copy of the Oregon Lifeline application, and the option to receive a printed copy of the completed application by mail; ii. Confirmation verifying that the Oregon Lifeline application was transmitted with the date of the transmission; iii. Name of the representative who transmitted the Oregon Lifeline application, and the location where the customer received assistance; iv. i-wireless's service brand, mailing address, customer service phone number, e- mail address, and web address. (d) i-wireless will ensure that a customer's personal information as defined in ORS 646A.602 is not stored or accessible to unauthorized users on a mobile computing device, including, but not limited to tablets, phones, laptops, and PDAs that are used by i-wireless or its representatives in the transmission of the customer's OTAP or Lifeline application. (e) i-wireless will provide written notice to the RSPF Section of the Commission of the dates and general locations of promotional events at temporary locations conducted by i-wireless or on its behalf by any agent, contractor, or subcontractor to promote em'ollment in the Oregon Lifeline program at least five business days prior to the event. The initial notice may be corrected up to the date of the event if there are any changes in location or dates. (f) i-wii'eless will not allow an agent, contractor, subcontractor, or employee acting within the scope of employment to make contact with putenLial Oregon LlTelme customers regarding the Oregon Lifeline program prior to receiving training in OTAP and Lifeline rules, policies and procedures applicable to their duties. (g) i-wireless will provide Staff, upon designation as an ETC and ETP and with necessary updates on a quarterly basis, a list of its marketing companies and/or master distributors that employ agents who represent i-wii-eless during the Lifeline application process. Docket No. UM 1509 - STIPULATION Page 10 of 17 APPENDIX A Page 10 of 32 ORDER NO. •33. Upon designation, i-wireless will designate a primary and secondary contact individual from i-wu'eless for daily communications with Staff regarding Oregon Lifeline operational, customer service, and reporting issues, i-wireless will provide and update as necessary the designated personnel s contact information including but not limited to job title, e" mail address and telephone number to Staff. The designated contacts will be the recipients of Commission reports and will have the authority to activate or deactivate a customer's handset. Designated i-wireless contacts will respond to Staff inquiries and requests within two business days. i-wireless may notify Staff of the need for additional time to formulate a response provided that it does not exceed five (5) business days. 34. Designated i-wu'eless contacts under paragraph 33 above will participate in weekly conference calls with Staff to discuss, address, and resolve any Oregon Lifeline operational or reporting issues. Staff may schedule the conference calls at a time during i" wireless operational hours with greater or lesser frequency as necessary at any time, 35. i-wn'eless will designate a contact for escalation of compliance or customer service delivery issues raised by Staff, i-wii'eless will provide and update as necessary the designated contact's information including but not limited to job title, e-mail address and telephone number to Staff. This contact will respond to Staff within two business days. i- wireless may notify Staff of the need for additional time to formulate a response provided that it does not exceed five (5) business days. 36. The Parties agree that in lieu of the weekly No Match report required by OAR 860-033-0046(4), i-wireless will submit a weekly Order Activity report to Staff. Pursuant to OAR 860-033-0046(3), i-wireless will report on a weekly basis all Oregon Lifeline customers who never activated Oregon Lifeline service within 90 days, whose phone service was disconnected, who contacted i-wireless to voluntarily de-enroll or were de-em'olled for failure to use the Oregon Lifeline service that i-wii'eless offers at no charge in accordance with i-wireless's 60-day Non-Usage Policy (See page 26 and 27 ofi-wireless's Amended Application), and whose names, telephone numbers or addresses have changed, i-wireless will list the customer s first Docket No. UM 1509 - STIPULATION Page 11 of 17 APPENDIX A Page 11 of 32 ORDER NO. and last name, phone number, residential address, and Commission-assigned OTAP identification number in the Order Activity report. Also, i-wireless customer service representatives may not change the name on the Oregon Lifelme account to another person. If the Oregon Lifeline customer changes his or her name, i-wireless will require the customer to submit official documentation of name change. 37. The Parties agree that i-wireless will submit reports that contain customer personal identifying information electronically to the Commission using appropriate file transfer protocols. Otherwise, the Parties may exchange reports and information via secure email, 38. The Parties agree that the service cycle for i-wireless's wkeless service will begin when the customer activates their handset, i-wlreless acknowledges that it must require activation by the customer consistent with OAR 860-033-0035(3). i-wlreless will not request OTAP or Lifeline reimbursement for a customer unless the customer activates theii handset. 39. Upon designation, i-wu'eless agrees to implement in Oregon its "60-day Non- Usage Policy", which is specified on page 26 and 27 in i-wireless's Amended Application and comply with applicable federal regulations. i-wireless will also comply with the applicable federal regulations for "usage" activities as undertaken by the Lifeline customer. 40. Upon designation, i-wireless will provide applicants approved for i-wireless s Oregon Lifeline service with the option to receive a free handset. All handsets offered will have immediate E911 functionality. The cost oftlie free handset is borne by i-wireless. No portion of the handset costs is subsidized either by the federal Universal Service Fund or the -RSPF. i- wireless will provide one fi'ee phone per year to replace a handset that is reported lost or stolen as long as the customer is an active i-wireless subscriber approved for Lifeline service. 41, i-wireless agrees that Oregon Lifeline customers will be able to make customer service calls to i-wireless by dialing "611" or the respective 800 number without deducting any minutes^ also referred to as "airtime". i-wireless shall ensure that a customer who contacts customer service can readily report a lost or stolen handset or make a change in service. Docket No. UM 1509 - STIPULATION Page 12 of 17 APPENDIX A Page 12 of 32 ORDER NO. 42. i-wireless agrees that its customer .service representatives may not enroll or activate the Oregon Lifeline service for any customer who has l)een de-em'olled or reported by i- wireless as de-enrolled for any reason, unless approved by the Commission. (a) Upon designation, i-wkeless will submit to Staff for review and approval the b-aining materials it will provide to i-wireless customer service representatives. The training material will clearly define Oregon Lifeline policies and procedures and highlight how Oregon Lifeline differs lErom other states. The training material will include, but is not limited to, the following: i. Oregon Lifeline eligibility (e.g., program guidelmes, restrictions, customer eligibility status, etc.); ii. Availability of free service in addition to the availability of the OTAP and Lifeline discounts on i-wireless retail rate plans; iii. Areas where Oregon Lifeline service is offered by i-wireless; iv. Handset handling and shipping timeframes; v. Activation procedures; vi. Options for purchasing additional minutes; and vii. Porting phone numbers. (b) Staff may review and approve materials that i-wireless will include on or in the handset package to tlie Oregon Lifeline customer or available via a website which can be accessed by the handset free of charge for Oregon Lifeline customers explaining in plain language the following: i. Activation du'ections; ii. Warranty information. The warranty for refurbished handsets will be 30 days. If new handsets are made available to customers, the handset will come with a manufacturer offered warranty available to the customer; iii. Availability of hearing aid compatible handsets; iv. i-wireless customer service contact information for wireless service questions and issues, including porting phone numbers and purchasing minutes; Docket No. UM 1509 - STIPULATION Page 13 of 17 APPENDIX A Page 13 of 32 ORDER NO j :' ~:) i ' v. Instructions if handset is lost or stolen, or if handset malfun.ctions; vi. Terms and Conditions of Service, including calling 611 and 911; and vii. Oregon Lifeline Terms and Conditions. 43. Prior to offering Oregon Lifeline service in Oregon, i-wh'eless will list the Commission's Consumer Services Section's contact information in i-wu'eiess's Terms of Service for customer complaints, concerns, or disputes, i-wireless will cooperate hi good faith with the Commission's Consumer Services Section to resolve customer service and acco-unt issues> including but not limited to timely responding to requests for information (i.e,, within 10 business days). HI. Special Reports 44. Upon designation as an ETC and ETP and once services are offered in Oregon, i- wireless agrees to provide quarterly reports to Staff that provide details about i-wireless's operations in Oregon. A copy of the information tliat i-wireless will provide quarterly to Staff and CUB is provided as Exhibit F to'this Stipulation. 45. i-wii'eless agrees to provide Staff a copy of Oregon-specific monthly Lifeline Worksheets (Form 497) that it submits to the Universal Service Administrative Company ("USAC") from which it ciamis or seeks low-income reimbursement or support from the federal universal service fund. In coujunction with Form 497, i-wireless agrees to report the customers' names, residential addresses, phone numbers and Commission-assigned OTAP identification numbers to Staff in an electronic format accessible by the Commission, i-wireless will submit Form 497 and the corresponding report within three business days from the date that it submits Form 497 to the USAC. When applicable, i-wireless agrees to provide Staff a revised copy of Form 497; i-wireless will submit the revised corresponding report to Staff. 46. Upon Commission approval of this Stipulation, i-wireless will be required to file all information required by the FCC under 47 CFR § 54.401(d). i-wlreless shall provide Staff with a copy of any certification that its Lifeline plan satisfies the federal criteria within ten (10) Docket No. UM 1509 - STIPULATION Page 14 of 17 APPENDIX A Page 14 of 32 ORDER NO. business days of receipt. GENERAL TERMS 47. The Parties agree to support Commission approval of i-wu'eless's request for initial ETC and ETP designations for the limited purpose of offering Oregon Lifeline services, consistent with the terms and conditions specified in this Stipulation. The Parties will encourage the Commission to issue an order approving i-wireless s ETC and ETP Amended Application (as revised in the Stipulation) and the Stipulation as soon-as possible. This Stipulation will be offered into the record of tins proceeding as evidence pursuant to OAR 860-001-0350(7). The Parties agree to support this Stipulation throughout this proceeding and any appeal, and to provide either witnesses to sponsor testimony or legal representatives to support this Stipulation. 48. The Parties have negotiated this Stipulation as an integrated document. If the Commission rejects all or any material part of this Stipulation or imposes additional material conditions in approving the Stipulation and the ETC and ETP Amended Application, any Party disadvantaged by such action shall have the right to request a hearing and opportunity to submit additional testimony, and/or in accordance witli OAR 860-001-0720, seek reconsideration or appeal of the Commission's order. However, prior to taking any such actions, the Party must engage in good-faith negotiation with the other Parties to this Stipulation. 49. The Parties agree that this Stipulation represents compromises in the positions of the Parties. As such, conduct, statements and documents disclosed in the negotiation of this Stipulation shall not be admissible as evidence in this or any other proceeding, unless independently discoverable or offered for the purposes allowed under ORS 40,190. By entering into this Stipulation, no Party shall be deemed to have approved, admitted, or consented to the facts, principles, methods, or theories employed by any other Party in arriving at the terms of this Stipulation, other than those specifically identified in the body of this Stipulation. No Party shall be deemed to have agreed that any provision of this Stipulation is appropriate for resolving issues in any other proceeding, except as expressly identified in the Stipulation. 50. This Stipulation may be executed in counterparts and each signed counterpart DocketNo. UM 1509 - STIPULATION Page 15 of 17 APPENDIX A Page 15 of 32 ORDERNO. i shall constitute an original document, This Stipulation is entered into by eacli Party as of the date(s) entered below: i-wireless, LLC Docket No. UM 1509 - STIPULATION Page 16 of 17 By:. Title: ^'0 Date: <7J\^]^-T^~ Staff of the Public Utility Commission of Oregon By:__Title: Date: Citizens' Utility Board of Oregon By. TiOe: Date; APPENDIX A Page 16 of 32 ORDER NO.' shall constitute an original document. This Stipulation is entered into by each Party as of the date(s) entered below; i-wireless, LLC ByL Docket No. UM 1509 - STIPULATION Page 16 of 17 Title:_ Date: Staff of tlie Public Utility Commission of Oregon B^: y^^^. ^^/^S^^^Z^ hue: ^fA/^ Date; ^U^^t'^^^ <JQ/S Citizens' Utility Board of Oregon By;. Title:. Date: APPENDIX A Page 17 of 32 -^—-^- ORDER NO. shall constitute an original document. This Stipulation is entered Into by each Party as of the date(s) entered below: i-wireless, LLC By:. Title:. Date: Staff of the Public Utility Commission of Oregon By;. Titte:. Date: Citizens' Utility Board of Oregon Bv: W^f. //' Title: €^^ut)l/^ /^^C D.e: ^-^7-1^ €>^ Docket No. UM 1509 - STIPULATION Page 16 of 17 APPENDIX A Pagel8of32 ORDER NO. '' ' Oregon Office of Emergency Management Title:^^^ (o Ay /f-/ f2,<g^)---5^ ^-^ Date: ^/^ f !^~' Docket No, UM 1509" STIPULATION Page 17 of 17 APPENDIX A Page 19 of 32 ORDER NO. t-wireless Designated Service (Excluding Tribal Area -Zip Code List Lands) Zip Code 97002 97005 97006 97007 97008 97009 97010 97011 97013 97014 97015 97018 97019 97020" 97022 97023" 97024 97026 97027" 97030 97031 97032 97034 97035 97036 97039 97040 97045 97050 97051 97053 97054 97055 97056 97058 97060 97062 970G5 97068 97070 97071 97078 97080 97086 97089 97101 97102 City AURORA 3EAVERTON UOHA 3EAVERTON 3EAVERTON BORING 3RIDALVEIL 3RIGHTWOOD. ;AIMBY :ASCADE LOCKS :LACKAMAS :OLUMB1ACITY :ORBETT 30NALD :AGLE CREEK ESTACADA" :AIRVIEW 3ERVAIS GLADSTONE 3RESHAM WD RIVER ^BBARD AKE OSWEGO AKE OSWEGO /1ARYLHURST . /IORO /IOS1ER )REGON CITY IUFUS Al NT HELENS VARREIM )EER ISLAND ANDY CAPPOOSE HE DALLES •ROUTDALE 'UALATtN VASCO iLADSTOIME ^/[LSONVILLE VOODBURN 10HA iRESHAM IAPPY VALLEY IAMASCUS ,MITY ,RCH CAPE County VlARiON WASHINGTON A/ASHINGTON A/ASHINGTON A/ASHINGTON :LACKAMAS VIULTNOMAH :LACKAMAS :LACKAMAS -^OOD RIVER :LACKAMAS :OLUMBlA ^IULTNOMAH MARION :LACKAMAS :LACKAMA5 ^IULTNOMAH ^ARIOM lACKAIVtAS t/lULTNOMAH iOOD RIVER 1ACKAMAS 1ACKAMAS 1ACKAMAS 1ACKAMAS - 1HERMAN VASCO 1ACKAMAS HERMAN ;OLUMBIA ;OLUMBIA DLUMBtA 1ACKAMAS ;OLUM81A VASCO /IULTNOMAH VASHINGTON HERMAN IACKAMAS LACKAMAS /1ARION WASHINGTON /IULTNOMAH LACKAMAS LACKAMAS AMHiLL LATSOP EXHIBIT A DOCKET UM 1509 APPENDIX A Page 20 of 32 ORDER NO. i-wireless Designated Service Area - Zip Code List (Excluding Tribal Lands) EXHIBIT A DOCKET DM 1509 Zip Code 97103 97106 97107 97110 97111 97112 97113 97114 97115 97116 97117 97118 97119 97121 97123 97124 97127 97128 97130 97131 97132 97133 97135 97136 97137 97138 97140 97141 97143 97145 • 9714G 97147 973.48 97149 97200 97201 97202 97203 97204 97205 9720G 97208 97209 97210 97211 97212 City \STORIA 3ANKS iAY CITY :ANNON BEACH :ARLTON ;LOVERDALE :ORNELIUS )AYTON )UNDEE :OREST GROVE 3ALES CREEK 5ARIBALDI iASTON ^AMMOND 11LLSBORO tiLLSBORO AFAYETTE /1CMINNVILLE /1ANZANITA JEHALEM IEWBERG IORTH PLAINS 'ACIFICCITY .OCKAWAY BEACH AINT PAUL EASIDE HERWOOD ILLAMOOK IETARTS OLOVANA PARK t/ARRENTON WHEELER AMHILL ;ESKOW1N ORTLAND ORTLAND ORTLAND ORTLAND ORTLAND ORTLAND ORTLAND DRTLAND ORTLAND ORTLAND 3RTLAND 3RTLAND County :LATSOP WASHINGTON HLLAMOOK :LATSOP i^AMHILL HLLAMOOK A/ASH1NGTON ^AM HILL Wl HILL ft/ASHiNGTON /VASHINGTON -ILLAMOOK WASHINGTON :LATSOP VASH1NGTON VASHINGTON 'AM HILL 'AM HILL •ILLAMOOK ULAMOOK 'AM HILL VA5HINGTON •ILLAMOOK •ILLAMOOK /IARION 1ATSOP VASHfNGTON ILLAMOOK ILLAMOOK 1ATSOP 1ATSOP ILLAMOOK AMHILL ILLAMOOK /1ULTNOMAH 1ULTNOMAH 1ULTNOMAH 1ULTNOMAH 1ULTNOMAH 1ULTNOMAH 1ULTNOMAH 1ULTNOMAH 1ULTNOMAH 1ULTNOMAH lULTNOMAH 1ULTNOMAH APPENDIX A Page 21 of 32 ORDER NO'; i-wireless Designated Service Area - Zip Code list (Excluding Tribal Lands) EXHIBIT A DOCKET UM 1509 Zip Code 97213 97214 97215 97216 97217 97218 97219 97220 97221 97222 97223 97224 97225 97227 97229 97230 97231 97232 97233 97236 97238 97239 97240 97266 97267 97301 97302 97303 97304 97305 97306 97317 97321 97322 97325 97327 97330 97331 97333 97336 97338 • 97341 97348 97351 97352 97355 City PORTLAND PORTLAND PORTLAND PORTLAND PORTLAND PORTLAND PORTLAND PORTLAND PORTLAND PORTLAND FIGARD FIGARD PORTLAND PORTLAND 30RTLAND 30RTLAND PORTLAND 30RTLAND 30RTLAND 30RTLAND PORTLAND 30RTLAND 30RTLAND 30RTLAND 30RTLAND iALEM iALEM (EIZER iALEM iALEM iALEM iALEM \LBANY \LBANY UJMSVILLE 1ROWNSVILLE :ORVALL1S :ORVALUS ;ORVALL1S :RAWFORD5VILLE 3ALLAS )EPOE BAY ^ALSEY NDEPENDENCE EFFERSON .EBANON County MULTNOMAH MULTNOMAH MULTNOMAH MULTNOMAH MULTNOMAH MULTNOMAH MULTNOMAH MULTNOMAH MULTNOMAH :LACKAMAS A/ASHiNGTON i/VASHINGTON A/ASHINGTON V1ULTNOMAH A/ASHINGTON VIULTNOMAH VIULTNOMAH VIULTNOMAH S/IULTNOMAH \/)ULTNOMAH ^ULTNOMAH ^ULTNOMAH ^ULTNOMAH ^ULTNOMAH :LACJ(AMAS MARION MARION MARION 'OLK MARION V1ARION MARION JNN .INN MARION -INN 1ENTON 1ENTON 1ENTON .INN 'OLK .INCOLN -INN 'OLK MARION .INN APPENDDC A Page 22 of 32 ORDER NO. ; ' ' i-wireless Designated Service Afea -Zip Code List (Excluding Tribal Lands) EXHIBIT A DOCKET UM 1509 Zip Code 97361 97362 97364 973G5 97366 97367 97368 97369 97370 97371 97373 97374 97375 97376 97377 97381 97383 97385 97386 97388 97389 97391 97392 97394 97401 97402 97403 97404 97405 97408 97409 97411 97419 97420 97423 97424 97426 97431 97432 97435 97437 97438 97439 97441 97444 97446 City VIONMOUTH \/IOUNT ANGEL MEOTSU NEWPORT SOUTH BEACH JNCOLN CITY 3TIS 3TTER ROCK 'HILOMATH tlCKREALL ;AINT BENEDICT 1CIO ICOTTS MILLS ;EAL ROCK ;HEDD 1LVERTON TAYTON UBLIM1TY WEETHOME 3LENEDEN BEACH AN GENT OLEDO URNER ^/ALDPORT UGENE UGENE UGENE UGENE UGENE UGEIME LVADORE ANDON HESHIRE OOS BAY OQUILLE OTTAGE GROVE RESWELL EXTER I LIAR D RAIN LM IRA ML CREEK .ORENCE ARDINER OLD BEACH ARRISBURG County 30LK VIARfON -INCOLN JNCOLN JNCOLN -INCOLN .INCOLN -INCOLN iENTON 'OLK MARION ,INN . /IARION .INCOLN .INN /1ARION /1ARION /IARION [NN INCOLN !NN iNCOLN /IARION INCOLN ANE ANE ANE ANE ANE AN E AN E 003 AN E oos oos \HEwi\NE OUGLAS OUGLAS \NE \NE \NE OUGLAS URRY NN APPENDIX A Page 23 of 32 ORDER NO. f ^ 1-wirdess Designated Service Area - Zip Code List (Excluding Tribal Lands) ~\ "'I Zip Code 97448 97450 97452 . 97455 97456 97458 97459 '97461 97462 97465 97470 97471 97475 97477 97478 97479 97487 97494 97495 97497 97499 97501 97502 97504 97525 97526 97527 97532 97533 97535 97539 97540 97701 97702 97707 97734 97739 97753 97754 97756 97760 97810 97812 97813 97818 97826 City IUNCTION CITY .ANGLO IS .OWE LL PEASANT HILL \/10NROE MYRTLE POINT ^lORTH BEND MOT! 3AKLAND 10RTORFORD IOSEBURG tOSEBURG 3ATEWAY POSTAL-5PR1NGFIELD SPRINGFIELD iPRIIMGFIELD ;UTHERUN /ENETA ft/ILBUR /VJNCHESTER A/OLF CREEK 'ONCALLA BEDFORD ;ENTRALPOINT BEDFORD 30LD HILL GRANTS PASS 3 RANTS PASS /IERLIN /IURPHY 'HOENIX ,HADY COVE •ALE NT tEND tEND •END DLVER A PINE •OWELL BUTTE 'RINEVILLE ^EDMOND •ERREBONNE tDAMS ARLINGTON tTHENA lOARDMAN CHO County LANE CURRY LANE -AN E 3ENTON . :oos :oos .AN E DOUGLAS :URRY 30 UG LAS 30 UG LAS .AN E .AN E -AN E X)UGLAS .ANE DOUGLAS 30 UG LAS OSEPHINE 30UGLAS ACKSON ACKSON ACKSON ACKSON OSEPHINE OSEPHINE OSEPHINE OSEPHINE ACKSON ACKSON ACKSON )ESCHUTES )ESCHUTES )ESCHUTES EFFERSON )ESCHUTES ;ROOK ;ROOK )ESCHUTES )ESCHUTES JMATILLA 31LLIAM JMAT1LLA /10RROW JMATILLA EXHIBIT A DOCKET UM 1509 APPENDIX A Page 24 of 32 ORDER NO. i-wireless Designated Service Area - Zip Code List (Excluding Tribal Lands) EXHIBIT A DOCKET UM 1509 Zip Code 9783S 97844 97850 97862 97875 97882 97886 97913 97914 City HERMISTON IRRIGON LAGRANDE MILTON FREEWATEK STAN FIELD UMATILLA WESTON NYSSA ONTARIO County UMATILLA MORROW UNION UMATILLA UMATILLA UMATILLA UMATILLA MALHEUR MALHEUR APPENDIX A Page 25 of 32 ORDER NO. EXHIBIT B: Designated Service Area lastie Rock sngvlewKalama ^jn-^eig-rt imnaha^Ehterprii tGove °,^^^""" Joseph/ Union ^ . /PineOxbow^Ridge lletoifl Morean ~ rStJmIE G 0 N1 ^ ... condon }>.„.'Fossil. ~ ~" fUkial StilA MontlmBnlo fe (3ra""®i Halfway /ouncil AgateBeacWaldpoi Riverside T A T ECrescent^bui^—o-/1^"Tok^lee i3S^re8n , Fa)ls f summer &.DaysCreeR?R&dy. iiloqulh Paisle/\ ( ,^^^atty""") ^ ji SumsJunction .Basque /s^a Matln Lake5i5%ifl>w:piii:eTeekBrookingi C^unl'cSl^S^^-l-_/~' yemlrS^ £'av'?/SrtB^vl4o^e^. ?CDem)itt i-wireless Designated Service Area APPENDDC A Page 26 of 32 ORDERNO.' ii'S 5 - i-wireless Coverage EXHIBIT C This map indicates areas of coverage with minimal signal strength of-99 decibel mHKwatts (dBm)DOCKET UM 1509 APPENDIX A Page 27 of 32 ORDER NO. Exhibit D-Rate Plans Plan Minutes Text Data Additional Alrtlme Access Wireless Oregon Lifeline Plan 500 (non-rollover) Unlimited • n/a Available with purchase of Top Up Card 1-wireless Retail Plans* Unlimited Talk & Text I Unlimited UnlimitedSOOMB n/a Unlimited Talk, Text, & 2GB Data Unlimited Unlimited 2.06 B n/a Unlimited Talk, Text, & 3GB Data Unlimited Unlimited 3.0GB n/a Free Handset Local Calls Nationwide Long Distance Voicemail, Caller ID, Call Waiting Free 911 Free 611 Balance Inquiries Rollover Allowed Text Included Data Allowance Participation In Kroger Free Minute Loyalty Pragram x X x x x .X x x X X y, x x X x x x x x x x x x x x x X x x x X x x X x x X X .X x X X x Retail Price Federal Subsidy OTAP Subsidy Company Credit Lifeline Consumer Price _$_I: 1. n/a 9.25 3,50 ~Jo_ .$_I:I: $_ T_ 35.00 9.25 3.50 22,25 $I:$I:1: 50.00 9.25 3,50 5.75 31,50 1.I:I: I.$ 75.00 9,25 3,50 5.75 56.50 The $10/100 Mln & $25/250 Min Retail Plans arc not approved for Llfeline/OTAP discounts [n OR. For currently available retail plans, see ww^.krogeriwlrelfiss.com ACCESS WIRELESS TOP UP CARDS** Purchased Minutes Text Data Picture Mail $5 Card iOO n/a 0 0 $10 Card 150 n/a 100 MB 25 $25 Card 300 $35 Card Unlimited $50 Card Unlimited n/a 500 MB , 50 500MB 100 2G8 100 '*Top Up Card Is valid for 30 days from the date the alrtfme card Is applied to account for all cards with the exception of$S card, which Is valid for 10 days from date applied. APPENDIX A Page 28 of 32 ORDERNO. ' ' Exhibit E - Waivers Rules and Requirements that the Parties Request the Commission Waive The Parties agree that granting i-wireless waivers of the following rules and requirements for ETC designation is appropriate and in the public interest. WaiYer_ofInitial Application Reouirements. 1. Partial waiver of Commission Order No* 06-292, Initial Application Requirements 3.1.1 and 3.1,2. Commission Order No. 06-292, Initial Application Requirements 3.1.1 and 3.1.2 require identification of applicant's licensed area boundaries and a description of applicant's service territory by reference to ILEC wire centers. As a non-facilities-based reseller, 1" wu^eless does not own cellular licenses and therefore cannot identify such areas on a map. In addition, the Parties agree that i-wh'eless* service territory will be identified based on zip codes rather than ILEC wire centers. Therefore, in lieu of the map required by Application Requirement 3.1.1, i-wlreless provides a map in Exhibit B to the Stipulation showing the zip codes included in the service territory. In lieu of the list ofILEC wire centers required by Application Requirement 3.1.2, i-wireless provides a list of zip codes for which it seeks designation as an ETC in Exhibit A to the Stipulation. 2. Partial waiver of Order No. 06-292, Initial Application Requirement 4.2. Commission Order No. 06-292, Initial Application Requirement 4.2, sets out requirements with regard to mappiug signal strength, i-wireless provides as Exhibit C to the Stipulation a coverage map indicating minimum signal strength of-99 dBm, which it believes satisfies Requirement 4,2, i-wireless requests a waiver of the requirement to the extent that more detailed or variable signal strength mapping is required. As a reseller of Sprint wireless service, i-wireless does not have access to more detailed information. RSPF Rules 3. OAR86(M)33-0005(7)(a) Waiver of the requirement in OAR 860-033-0005(7)(a) to the extent it requires i-wireless to offer services using its own facilities. The FCC has granted i-wireless forbearance from the companion federal requirement and approved its compliance plan. 4. OAR860-033-0006(3)(b) Waiver of OAR 860-033-0006(3)(b) to the extent that it would require i-wireless to collect the Residential Service Protection Fund ("RSPF") surcharge from its Lifeline or non-Lifeline customers, i-wireless will remit the RSPF surcharge on behalf of all of its Oregon customers. As a prepaid service provider, it does not issue invoices. Also, its Lifeline plan requires no financial contribution from customers. 5. OAR860-033-0006(3)(c) Waiver of OAR 860-033-0006(3)(c) to the extent that it would require i-wireless to identify the RSPF surcharge on each customer's bill. As discussed above, i-wii'eless is a Stipulation Exhibit E Docket No, UM 1509 Page 1 of 2 APPENDIX A Page 29 of 32 ORDERNO. |: :-> ,:. ' . Exhibit E - Waivers prepai^ wireless service provider and therefore does not issue bills to its Lifeline customers, 6. OAR 860-033-0010(2) Partial waiver of the requirement that an ETP must offer OTAP discounts on all service offerings that include basic telephone service. Exhibit D to fhe Stipulation contains the Company's Lifeline service offerings. The Pailies have agreed that i-wireless will not offer the OTAP discount on the (I100 Minute with 50MB Data retail plan or on the 250 Minute Talk with Unlimited Text and 250MB Data" retail plan; These plans are excluded because they offer fewer minutes for voice (the supported service) than the 500 Free Minutes Plan. 7. OAR 860-033-0046(4). Waiver of the weekly No Match report required by OAR 860-033-0046(4). The Parties agree that in lieu of the weekly No Match report, i-wireless will submit a weeldy Order Activity report to Staff in an electronic format accessible by the Commission. The No Match report is unnecessary because i-wireless will provide the same information in the Order Activity report described in paragraph 36 offhe Stipulation. Stipulation Exhibit E Docket No. UM 1509 Page 2 of 2 APPENDIX A Page 30 of 32 ORDER NO. Exhibit F - Quarterly Report QUARTERLY REPORT-OREGON LIFELINE Due by end of first month following end of quarter 1 Non-usage: Customers de-enrolled for non-usage Month 1 Month 2 Month 3 ~iS- 2 Free Handsets a. 1. Lost/stolen handsets 2. Lost/stolen handsets replaced b. 1. Customers reporting they did not receive free handset 2. Replacement handsets sent c. 1. Defective handsets reported 2. Replacement handsets sent d. 1. Intentionally left blank 2. Intentionally left blank Sif-''3 4 Ml Handsets ). Customer requests to unlock handset ). Unlocking requests denied ,^S-:^^^^?^;^^^V^^^^£'^ ;overage Issues I, Lifeline customer requests denied due to lack of coverage (list associated home addresses) >, Lifeline customers that cancelled service due to coverage issues (list associated home addresses) ri^ 5 :ustomer Complaints or Problems* !. Wireless coverage or reception L First month's free minutes . Subsequent month's free minutes . Add-on or top-up options •f%L^^o^ac%c9^^M^^^^l^^'^^^^^^^^^^?^^?^t^E^lc^o^i^^ti^^^^^^ro^^and:ai^^6 ;ustomer Service Center . Avg. no. of seconds to reach representative (after recording) . Calls from current Oregon Lifeline customers Inquiries from Oregon non-lifeline customers regarding Lifeline . Requests to change Lifeline calling plans ;flL-'. 7 umber of non-LIfeline custoiners In Oregon Stipulation Exhibit F - Docket No. UM 1509 Page 1 of 2 APPENDIX A Page 31 of 32 ORDER NO. Exhibit F - Quarterly Report QUARTERLY REPORT-OREGON LIFELINE Due by end of first month following end of quarter Complete for each of three months in quarter Usage Characteristics Report- lifeline Plans 1 2 3 4 5 6 7 8 9 10 No. of total active subscribers No, of subscribers that depleted all free minutes by month 5 end No. of subscribers that depleted al! free minutes within first 15 days of the month Percentage of free units used for voice calls (customer average) percentage of free units used for texts (customer average) Percentage of free minutes used for international calls (customer average) Number of customers who purchased additional voice units Average number of additional minutes purchased (for customers that purchased voice units) Number of customers who purchased data-only cards Number of customers who purchased text add-ons Plan A Plan B PlanC Stipulation Exhibit F - Docket No. UM 1509 Page 2 of 2 APPENDIX A Page 32 of 32