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HomeMy WebLinkAbout20250624APPLICATION.pdf VMU-T-25-01 RECEIVED Davis Wrig ht 560 S ooW loth Avenue June 24, 2025 60 S J Tremaine LLP Portland,OR97205 IDAHO PUBLIC UTILITIES COMMISSION Heather Moelter 503-778-5406 tel Heathermoelter(abdwt.com June 24, 2025 Via E-Filing: Secretary(anuc3daho.gov Monica Barrios-Sanchez, Commission Secretary Idaho Public Utilities Commission Suite 201-A 11331 W. Chinden Boulevard, Bldg. 8 Boise, Idaho 83714 Re: Application of Assurance Wireless USA, L.P. to Expand its Eligible Telecommunications Carrier Dear Ms. Barrios-Sanchez, Assurance Wireless USA, L.P. submits the attached Application to expand its Eligible Telecommunications Carrier designated service area for Lifeline only services in the state of Idaho. Please contact the undersigned should you have any questions. Sincerely, Davis Wright Tremaine LLP r� Heather Moelter HM/kh DWT.COM Anchorage I Bellevue I Los Angeles I New York Portland I San Francisco I Seattle I Washington,D.C. 4933-3873-7232v.1 0048172-000324 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION In the Matter of the Application of Assurance Wireless USA, L.P., to Expand Its Eligible Case No Telecommunications Carrier Designated Service Area APPLICATION OF ASSURANCE WIRELESS USA, L.P. TO EXPAND ITS ELIGIBLE TELECOMMUNICATIONS SERVICE AREA I. INTRODUCTION Assurance Wireless USA, L.P. ("Assurance Wireless" or "the Company"), pursuant to Section 214(e)(2) of the Communications Act of 1934, as amended (the Act),1 Sections 54.101 through 54.207 of the Rules of the Federal Communications Commission (FCC),2 and the rules and regulations of the Idaho Public Service Commission("the Commission"),respectfully submits this Application to expand its Eligible Telecommunications Carrier ("ETC") designated service area for Lifeline only services in the state of Idaho in a number of additional wire centers within its coverage area, some of which are also within Tribal lands. The Company does not seek access to USF support for the purpose of providing service to high-cost areas.3 Instead, Assurance Wireless seeks approval to expand its ETC service area solely to provide Lifeline service to additional qualifying Idaho households, including Tribal customers, through participation in the federal Universal Service Fund's ("USF") low-income program. 1 47 U.S.C. § 214(e)(2). 2 47 CFR§§ 54.101-54.207. 3 Because Assurance Wireless only seeks support from the low-income program and does not seek any high-cost support,ETC certification requirements for the high-cost program are not applicable to Assurance Wireless. 1 On September 19, 2012, the Commission designated Assurance Wireless (formerly Virgin Mobile USA, L.P.)4 as a wireless ETC,pursuant to 47 USC § 214(e)(2), eligible to receive federal universal service Lifeline support in specified geographic areas.5 By this Application,Assurance Wireless requests a further expansion of its designated ETC service area to encompass statewide authority where it has wireless coverage to provide Lifeline only service to additional qualifying Idaho households. Specifically,Assurance Wireless seeks to expand its ETC designated service area to include the wire centers listed in Exhibit 2, some of which are within Tribal lands. Rapid grant of the Application would advance the public interest by allowing Assurance Wireless to provide Lifeline services to eligible low-income households, including Tribal customers,anywhere it has wireless coverage in Idaho. Consistent with its current Lifeline only ETC designation, the Company is not seeking designation in the expanded area to receive high-cost support from the Universal Service Fund. IL ASSURANCE WIRELESS Assurance Wireless is a wholly owned subsidiary of T-Mobile USA,Inc. ("T-Mobile"). T- Mobile is the second largest wireless carrier in the United States, headquartered in Bellevue, Washington. T-Mobile acquired Assurance Wireless when it completed its acquisition of Sprint Corporation in 2020. The principal offices of Assurance Wireless are located in Bellevue, Washington. Assurance Wireless continues to possess the financial, managerial, and technical capability to provide Lifeline service in compliance with Section 54.201(h) of the FCC's Rules. 4 On February 18,2020, Virgin Mobile USA, L.P. underwent a name change to become Assurance Wireless USA, L.P. See Notice Letter to Commission dated March 11,2020(referencing Case No.VMU-T-11-01). s See Petition of Virgin Mobile USA,LP for Limited Designation as an Eligible Telecommunications Carrier,Feb.3, 2011 (Case No. VMU-T-11-01). The list of wire centers was set forth in Exhibit 2 attached to the petition. Virgin Mobile was designated as an ETC for the purpose of receiving both Lifeline and Link Up support in the federal Low Income Support program, which provides subsidy to monthly telephone service expense and the initial charges for commencing telephone service,respectively. In its 2012 Lifeline Reform Order,the FCC eliminated Link Up support on non-Tribal lands for all ETCs.As a result,Virgin Mobile no longer receives Link Up support. 2 Assurance Wireless has been designated as a wireless ETC in the states of Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Louisiana, Idaho, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington,West Virginia,Wisconsin, and Wyoming. As demonstrated herein, and as certified in the attached Exhibit 1, Assurance Wireless meets all applicable statutory and regulatory requirements for designation as an ETC in the proposed expansion of its designated area. The Commission's grant of Assurance Wireless's Application would advance the public interest by enabling Assurance Wireless to expand the availability of its Lifeline service to substantially more low-income consumers in Idaho, including Tribal customers. Accordingly, Assurance Wireless respectfully requests that the Commission expeditiously approve this Application. All correspondence, communications, pleadings, notices, orders, and decisions relating to this Application should be addressed to the following on behalf of Assurance Wireless: Mark P. Trinchero Teri Ohta Heather Moelter Director, State Regulatory Affairs Davis Wright Tremaine, LLP T-Mobile 560 SW 1 Oth Avenue, Suite 700 12920 SE 381h Street Portland, OR 97205 Bellevue,WA 98006 Tel: 503-778-5318 Tel: 425-383-5532 marktrincherokdwt.com Teri.OhtakT-Mobile.com heathermoeltergdwt.com 3 III. DESIGNATED SERVICE AREA In its 2012 ETC Designation Order, the Commission designated Assurance Wireless as an ETC to provide wireless Lifeline service in the wire centers listed in Exhibit 2. Today,Assurance Wireless, which became part of T-Mobile in 2020, provides facilities-based wireless service to qualifying low-income subscribers in that area. The existing ETC designation area for Assurance Wireless is materially smaller than its current wireless coverage area in Idaho.Assurance Wireless seeks to expand its ETC service area to statewide and will provide Lifeline service throughout its coverage area. This expansion of Assurance Wireless'ETC-designated service area will also include wire centers within Tribal lands as identified in Exhibit 2. IV. ASSURANCE WIRELESS MEETS APPLICABLE REQUIREMENTS The FCC's rules set forth the information that must be contained in a application for ETC designation.In its original ETC applications,incorporated herein by reference,Assurance Wireless provided all the information required by the FCC's rules in effect at the time. The Commission found in its ETC Designation Orders that Assurance Wireless met the requirements for designation as an ETC. Assurance Wireless has complied with the conditions in the ETC Designation Orders and will continue to do so. Assurance Wireless also complies with the service requirements applicable to the Lifeline support that it receives including those new requirements that have been imposed since 2010. Assurance Wireless provides the following additional information as certified in Exhibit 1 to demonstrate that it meets all relevant statutes and regulations governing the Lifeline 4 program that were amended after the Company's ETC Designation Orders were issued, including the requirements outlined in the FCC's Lifeline Modernization Order.6. A. Assurance Wireless Will Provide All Required Services in The Expanded Designated Service Area Assurance Wireless will provide all services required by Section 54.101(a) of the FCC's Rules throughout its expanded designated service area in the State of Idaho, including voice and broadband internet access services.Assurance Wireless commits that its Lifeline services will meet or exceed the minimum service standards, including any future changes. The Company's current base Lifeline offering, is free unlimited texting, 1000 talk minutes and 4.5GB of data.7 On Tribal lands,Assurance Wireless plans to offer an improved service plan on Tribal Lands in Idaho: the plan will include 3,000 voice minutes that can be used for local or domestic long- distance calls, 6 GB of high-speed data, and unlimited texts, with $0 upfront cost. In coordination with the Coalition of Large Tribes ("COLT"),Assurance Wireless plans to work with a third-parry vendor that will employ Tribal land residents to market services on Tribal Lands.Assurance Wireless is also working with COLT to explore additional outreach strategies to market Lifeline services to Tribal customers. B. Assurance Wireless's Processes Comply with the Lifeline Verification and Enrollment Requirements, and the Company Remains Committed to Preventing Waste,Fraud and Abuse of the Lifeline Program Section 54.410 of the FCC's rules require ETCs to certify and verify a Lifeline customer's initial and continued eligibility.Assurance Wireless has processes in place to facilitate compliance with federal customer enrollment requirements. Specifically, the Company relies on the National 6 In the Matter of Lifeline and Link Up Reform and Modernization, Telecommunications Carriers Eligible for Universal Service Support,Connect America Fund,Third Report and Order,Further Report and Order,and Order on Reconsideration,(FCC 2016)(hereinafter, "Third Report and Order"or "Lifeline Modernization Order'). Assurance Wireless makes these terms and conditions are available on its website—www.assurancewireless.com. 5 Verifier and the National Lifeline Accountability Database ("NLAD"), each of which is administered by the Universal Service Administrative Company ("USAC"), to determine an applicant's eligibility for Lifeline service. Every applicant is required to complete the standardized Lifeline application in the National Verifier environment,which covers the necessary information collection, disclosures, and certifications required by Section 54.410(d) of the Lifeline rules. Assurance Wireless completes enrollment of applicants verified as being eligible by USAC's National Verifier and NLAD by transmitting the required information into NLAD as required by Section 54.404(b)(6) of the FCC's rules. Assurance Wireless has additional processes in place to guard against waste, fraud, and abuse, and to ensure compliance with FCC rules designed to achieve that objective, including customer usage,8 cure period, and de-enrollment requirements set forth in Sections 54.407(c)(2) and 54.405(e)(3), general notice and de-enrollment requirements set forth in Section 54.405(e)(1), transmission of information to NLAD and recordkeeping requirements set forth in Sections 54.404(b)(6) and 54.417, annual certification and reporting requirements set forth in Sections 54.416 and 54.420, and reimbursement claims processes established by USAC consistent with Sections 54.403 and 54.407(a). Assurance Wireless also complies with Sections 54.410(f) of the FCC's rules governing annual subscriber re-certification of eligibility and coordinates with USAC's National Verifier and NLAD systems to manage additional de-enrollments related to USAC-administered benefit transfers and failure to re-certify. If Assurance Wireless receives a request for de-enrollment from a subscriber, it processes the request within two (2)business days in accordance with Section 54.405(e)(5). a For example,Assurance Wireless also:(1)informs customers of the need to use the service at least once every thirty (30)days as required by Section 54.407(c)(2);(2)provides notice to customers after thirty(30)days of non-usage that they must use the service within fifteen (15) days or their service will be terminated as required by Section 54.405(e)(3);and(3)requires customers to activate their Lifeline service as required by Section 54.407(c)(1). 6 Assurance Wireless also maintains direct contact with all applicants for its Lifeline service, either in person through its employees, agents, or representatives, or via SMS messaging, the telephone, mail, or online. In addition, in accordance with Section 54.406 of the FCC's rules, Assurance Wireless's enrollment representatives are required to register in USAC's Representative Accountability Database. Finally, Assurance Wireless provides or requires Lifeline-specific training for all personnel, whether employees, direct contractors, or representatives, who interact with new or prospective customers regarding the FCC's Lifeline eligibility and certification rules and the Company's practices and policies designed to implement those rules.Assurance Wireless has a zero-tolerance policy for waste, fraud, and abuse, and personnel are instructed to notify the Company's compliance team if they suspect that anyone might be providing false information or attempting to obtain a duplicate Lifeline benefit. V. EXPANSION OF ASSURANCE WIRELESS'S ETC SERVICE AREA WOULD PROMOTE THE PUBLIC INTEREST In its ETC Designation Order, the Commission found that designation of Assurance Wireless as an ETC would serve the public interest. Similarly, expansion of Assurance Wireless's ETC service area to include all areas where it has wireless coverage will serve the public interest by providing a variety of benefits to Lifeline-eligible consumers including increased consumer choice, high-quality service offerings, and mobility. The designated ETC area expansion will increase the number of low-income households that can benefit from Assurance Wireless's high quality mobile voice, text, and data services. Indeed, its presence in the expanded designated area will increase competition within the Lifeline market throughout Idaho, which this Commission and the FCC have previously indicated is in the public interest. Moreover, expansion of Assurance Wireless' ETC-designated service area to include Tribal lands will bring these benefits to additional low-income customers in Idaho.Assurance Wireless has already provided written notice 7 to the affected Tribal authorities in advance of filing this application as part of its engagement with the Tribes. Assurance Wireless' entry into the market as an additional wireless ETC provider in Idaho's Tribal lands will give Tribal customers greater access to wireless telecommunications services, thereby advancing the basic goal of preserving and advancing universal service. Providing Tribal customers with a wider choice of providers and available services also spurs other carriers to target low-income consumers with higher-value service offerings tailored to their needs, further expanding the level of competition among carriers and resulting in improved services to consumers. For the foregoing reasons, grant of this Application is in the public interest. VI. CONCLUSION Based on the foregoing, Assurance Wireless respectfully requests that the Commission promptly grant this Application and expand its Lifeline-only ETC service area to include the additional wire centers described in this Application. Respectfully submitted this 24th day of June 2025. ATTORNEY ASSURANCE WIRELESS USA, L.P. Ma . Trinchero Heather Moelter Davis Wright Tremaine, LLP 560 SW loth Avenue, Suite 700, Portland, OR 97205 Tel: 503-778-5318 marktrinchero A,dwt.c om heathermoelter&dwt.c om and Teri Ohta Director, State Regulatory Affairs T-Mobile 12920 SE 381h Street Bellevue, WA 98006 Tel: 425-383-5532 Teri.Ohta(d,T-Mobile.com 8 EXHIBIT 1: CERTIFICATION EXHIBIT 1 - PAGE 1 CERTIFICATION I, Robert Stanchina, Senior Director, hereby depose and state, that I have read the foregoing Application of Assurance Wireless USA, L.P., to Expand Its Eligible Telecommunications Carrier Designated Service Area and am familiar with the contents thereof, and the statements contained therein are true and correct to the best of my knowledge, information, and belief. Robert Stanchina Senior Director T-Mobile -Assurance Wireless USA, L.P. June 24,2025 EXHIBIT 2: ETC SERVICE AREA DESCRIPTION EXHIBIT 2 - PAGE 1 OF 5 INCUMBENT LOCAL EXCHANGE WIRE TRIBAL NEW EXCHANGE CARRIER CENTER ALBION TELEPHONE CO. D/B/AATC ALBION ALBNIDXC ARCO ARCOIDXC ARCO-HOWE HOWEIDXC MALAD MLCYIDXC MALTA MALTIDXC RAFT RIVER RFRVIDXC CAMBRIDGE TELEPHONE COMPANY INDIAN VLY CNCLIDXC COUNCIL CMBRIDXC NEW CAMBRIDGE TELEPHONE COMPANY, INC. NU ACRES FRLDIDXX NU ACRES PYTTIDMA CENTURYTEL GEM STATE INC-ID DBA CENTURYLINK-ID BRUNEAU BRUNIDXC GRAND VIEW GRVWIDXC NEW RICHFIELD RCFDIDXC CITIZENS TELECOM IDAHO ABERDEEN ABRDIDXC CASCADE CSCDIDXC DONNELLY DNLYIDXC HOMEDALE HMDLIDXC HORSESHOE HRBNIDXC BEND MARSING MRNGIDXC MCCALL MCCLIDXC NEW NWMDIDXC MEADOWS PARMA PARMIDXC SPRINGFIELD SPFDIDXC SWEET SWETIDXC WILDER WLDRIDXC COLUMBINE TELCO D/B/A SILVER STAR DRIGGS DRGSIDMA DIRECT COMMUNICATIONS ROCKLAND,INC. PARIS PARSIDXC ROCKLAND RKLDIDXC FARMERS MUTUAL TELEPHONE CO. FRUITLAND FRLDID02 NEW NU ACRES NUARIDXC FILER MUTUAL TELEPHONE CO. FILER FILRIDAA HOLLISTER HLSTIDXC EXHIBIT 2 - PAGE 2 OF 5 INCUMBENT LOCAL EXCHANGE WIRE TRIBAL NEW EXCHANGE CARRIER CENTER FREMONT TELCOM CO ST ANTHONY STATIDMA TETON INLAND TELEPHONE CO. LENORE LENRIDXA MCIMETRO ACCESS TRANSMISSION SERVICES LLC -ID HAYDENLAKE CRALIDXX COEUR NEW D'ALENE RESERVATION MIDVALE TELEPHONE EXCHANGE,INC. MIDVALE MDVAIDXC NEW STANLEY STNLIDXC WARREN WRRNIDAA MUD LAKE TELEPHONE COOPERATIVE ASSOCIATION, INC. DUBOIS DUBSIDXC NEW HAMER HAMRIDXC KILGORE KLGRIDXC NEW MONTEVIEW MNVWIDXC NEW TERRETON TRTNIDXC NEW CINGULAR WIRELESS PCS,LLC IDAHOFALLS BOISIDMA NEW OREGON-IDAHO UTILITIES, INC. SOUTH MT SOMTIDXC POTLATCH TELEPHONE CO., INC. JULIAETTA JLTTIDXA NEZ PERCE NEW RESERVATION KENDRICK KNDRIDXX NEW TROY TROYIDXX PROJECT MUTUAL TEL. COOP.ASSN. INC. BURLEY PAULIDXC YELM ��i I PROJECT MUTUAL TELEPHONE COOP.ASSOC. MINIDOKA MNDKIDXC NORLAND NRLDIDXC OAKLEY OKLYIDXC RUPERT RPRTIDXC QWEST CORPORATION BLACKFOOT BLFTIDMA BLACKFOOT- RV SDIDMA RIVERSIDE BOISE BOISIDNW BOISE BOISIDSW BOISE BOISIDWE EXHIBIT 2 - PAGE 3 OF 5 INCUMBENT LOCAL EXCHANGE WIRE TRIBAL NEW EXCHANGE CARRIER CENTER BOISE IDCYIDMA BOISE-EAGLE EAGLIDNM BOISE- KUNAIDMA MERIDIAN BOISE- MDTNIDMA MERIDIAN BOISE- MRDNIDMA MERIDIAN BOISE- STARIDNM MERIDIAN BURLEY BRLYIDMA BURLEY-DECLO DECLIDMA CALDWELL CLWLIDMA COTTONWOOD CTWDIDOI NEZ PERCE NEW RESERVATION CRAIGMONT CRGM 1 DO 1 EMMETT EMMTIDMA GRANGEVL GAVLIDOI NEZ PERCE NEW RESERVATION GRACE GRACIDMA NEW IDAHO FALLS FRTHIDMA IDAHO FALLS IDFLIDMA IDAHO FALLS RIRIIDMA IDAHO FALLS RXBGIDMA IDAHO FALLS SHLYIDMA KAMIAH KAMHIDOI NEZ PERCE NEW RESERVATION KETCHUM HALYIDMA KETCHUM KTCHIDMA KOOSKIA KOSKIDOI NEZ PERCE NEW RESERVATION LAPWAI LAPWIDO 1 LEWISTON LSTNIDSH MELBA MELBIDMA MOUNTAIN GLFYIDMA HOME MOUNTAIN MTHOIDMA HOME MOUNTAIN MTHOIDSO HOME SOUTH MURTAUGH MRTGIDMA NAMPA NMPAIDMA EXHIBIT 2 - PAGE 4 OF 5 INCUMBENT LOCAL EXCHANGE WIRE TRIBAL NEW EXCHANGE CARRIER CENTER-- NEW NPMOIDMA PLYMOUTH NEZPERCE NZPRID01 NEZ PERCE NEW RESERVATION POCATELLO AMFLIDMA POCATELLO BNCRIDMA POCATELLO DWNYIDMA POCATELLO DYTNIDMA POCATELLO FKLNIDMA POCATELLO INKMIDMA POCATELLO LHSPIDMA POCATELLO MCCMIDMA POCATELLO MTPLIDMA POCATELLO PCTLIDMA POCATELLO PCTLIDNO POCATELLO PSTNIDMA RIGBY LSMNIDMA RIGBY RBRTIDMA RIGBY RGBYIDMA SODA SPGS SDSPIDMA NEW THATCHER THTCIDMA NEW TWIN FALLS BLSSIDMA TWIN FALLS BUHLIDMA TWIN FALLS CSFRIDMA TWIN FALLS EDHZIDMA TWIN FALLS GDNGIDMA TWIN FALLS HGMNIDMA TWIN FALLS JERMIDNM TWIN FALLS KMBRIDMA TWIN FALLS SHSHIDMA TWIN FALLS TWFLIDMA NEW TWIN FALLS WNDLIDMA WEISER WESRIDMA VERIZON NORTHWEST INC.-ID BAYVIEW BYVWIDXX BLUEBELL PSFLIDXX CLARK FORK CLFKIDXX GENESEE GENS IDXX HARRISON HRSNIDXA HAYDEN LAKE HYLKIDXX HOPE HOPEIDXX KELLOGG PNHRIDXA EXHIBIT 2 - PAGE 5 OF 5 INCUMBENT LOCAL EXCHANGE WIRE TRIBAL NEW EXCHANGE CARRIER 06 CENTER Moscow MSCWIDXX PECK PECKIDXX PLUMMER- PLMRIDXX WORLEY POTLATCH PTLTIDXX PRIEST RIVER PRRVIDXX RATHDRUM RTHDIDXX SANDPOINT SNPNIDXX SPIRIT LAKE SPLKIDXX ZIPLY FIBER IDAHO,LLC DBA ZIPLY FIBER CAREY CARYIDXC NEW FAIRFIELD FRFDIDXC NEW GARDEN VLY GRVYIDXC NEW WHITE BIRD WHBRIDXX NEW ZIPLY FIBER NORTHWEST, LLC DBA ZIPLY FIBER BNFYIDXX KOOTENAI NEW BONERSFRRY RESERVATION BOVLIDXX NEZ PERCE NEW BOVILL RESERVATION DEARY DERYIDXX NEW FRTNWAXX COEUR NEW D'ALENE EVERGREEN RESERVATION KELLOGG KLLGIDXX NEW MULLAN MLLNIDXX NEW ORFNIDXC NEZ PERCE NEW OROFINO RESERVATION STMRIDXX COEUR NEW D'ALENE ST MARIES RESERVATION WEPPIDXX NEZ PERCE NEW WEIPPE RESERVATION