Federal Communications Commission da 14-1722
A.Federal Universal Service Lifeline Support
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- A.Petitions
- 13.DISCUSSION
- A.Commission Authority to Perform the ETC Designations
- A.Eligibility Requirements
A.Federal Universal Service Lifeline Support10.The federal universal service Lifeline program is designed to reduce the monthly cost of telecommunications service for qualifying consumers. The Lifeline program reimburses ETCs for providing qualifying low-income consumers with discounts of $9.25 off of the monthly cost of their telephone service.16 The Lifeline program provides additional reimbursement to ETCs for providing eligible residents of Tribal lands with discounts of up to an additional $25.00 off the monthly cost of their telephone service.17 A.Petitions11.Blue Wireless Petition. Blue Wireless filed the instant petition seeking designation as an ETC, eligible to receive universal service Lifeline support for its service area in the state of New York, including the Tribal lands of the Allegany Indian Reservation and the Cattaraugus Indian Reservation.18 Blue Wireless states that it is a facilities-based, regional commercial mobile radio service (CMRS).19 Blue Wireless maintains that it satisfies all the statutory and regulatory requirements for designation as a ETC.20 12.SI Wireless Petition. In its petition, SI Wireless seeks designation as an ETC, eligible to receive universal service Lifeline support for its licensed service area in Tennessee.21 SI Wireless states that it is a facilities-based CMRS provider.22 It maintains that it satisfies all the statutory and regulatory requirements for designation as a limited ETC in these areas.23 13.DISCUSSION14.As discussed below, we find that Blue Wireless and SI Wireless, both facilities-based providers, have satisfied the Commission’s requirements to be designated as limited ETCs, eligible only to receive Lifeline support pursuant to the terms of this order. The limited ETC designations are conditioned on petitioners’ compliance with the Commission’s rules and the representations and commitments made in their petitions, as set forth in this order. A.Commission Authority to Perform the ETC Designations15.An applicant seeking designation from the Commission must provide a certification and a brief statement of supporting facts demonstrating that it is not subject to the jurisdiction of a state commission.24 Blue Wireless seeks ETC designation to service Lifeline-eligible customers in the state of New York, including the Allegany Indian Reservation and the Cattaraugus Indian Reservation.25 Its petition includes an affirmative statement for the New York Department of Public Service (New York Commission) providing that the New York Commission lacks authority to perform ETC designations for wireless carriers.26 Blue Wireless states that it contemporaneously served the Tribal government of the Allegany Indian Reservation and the Cattaraugus Indian Reservation with its petition.27 Additionally, no commission or authority contested this Commission’s authority to consider Blue Wireless’ petition.28 Therefore, we conclude that the Commission may consider the petition on its merits. 16.In its petition, SI Wireless includes a statement of supporting facts and a certification from the Tennessee Regulatory Authority (Tennessee Commission), providing that the state commission lacks jurisdiction to perform the requested ETC designation and that the Commission has authority to consider the petition under section 214(e)(6) of the Act.29 Thus, we find that SI Wireless has demonstrated that it is not subject to the jurisdiction of the Tennessee Commission and this Commission has authority to perform the requested ETC designation. A.Eligibility Requirements17.Offering the Services Designated for Support. Applicants for ETC designation must certify that they offer all of the services designated for support by the Commission pursuant to section 254(c) of the Act.30 The petitioners state that they provide the services and functionalities of section 254(c) as enumerated in section 54.101(a) of the Commission’s rules throughout their licensed service areas.31 The petitioners have demonstrated through their filings and certifications that they now offer or will offer upon designation as a limited ETC, the voice telephony services supported by the Lifeline program.32 18.Offering the Supported Services Using a Carrier’s Own Facilities. Applicants for ETC designation must certify that they will offer the supported services either using their own facilities or a combination of their own facilities and the resale of another carrier’s services.33 Blue Wireless states that it is a facilities-based wireless telecommunications carrier with its own switching, cell sites, associated telecommunications facilities throughout its proposed service area and it will use its own network facilities to provide Lifeline service in the requested service area.34 SI Wireless states that it will provide the supported services through a combination of its own facilities (its existing cellular network infrastructure consisting of switching, trucking, cell sites and network equipment) and resale.35 Petitioners have demonstrated through their filings and certifications that they offer, or will offer upon designation as an ETC, the supported service using either their own facilities or a combination of their own facilities and resale of another carrier’s services. 19.Advertising Supported Services. Applicants for ETC designation must advertise the availability of the supported services and the charges thereof using media of general distribution and provide a description of how they will do so.36 Additionally, Commission rules require ETCs to explain in their marketing materials that 1) Lifeline service is a government benefit, 2) the individual must be eligible to receive the benefit, and 3) the individual may receive no more than one benefit at a time from the program.37 The petitioners have committed to advertise the availability of the supported services using media of general distribution.38 Petitioners have also committed to advertising and promoting the availability of Lifeline services in a manner reasonably designed to reach those likely to qualify for Lifeline.39 Petitioners have demonstrated their commitment to comply with the Commission rules regarding marketing of Lifeline service.
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