20.Compliance with Applicable Service Requirements. Consistent with the Commission’s rules, Petitioners have certified that they will comply with all service requirements applicable to the support they receive. 40 Petitioners have demonstrated their commitment to comply with the Commission’s Lifeline rules, specifically the rules regarding consumer enrollment and certification of eligibility.
21.Ability to Remain Functional in Emergency Situations. Applicants for ETC designation must demonstrate their ability to remain functional in emergency situations.41 Blue Wireless states that it has the ability to remain functional in emergency situations, has back-up power sufficient to ensure functionality in the designated service area without an external power source, is able to re-route traffic around damaged facilities, and is capable of managing traffic spikes resulting from emergency situations.42 We find that Blue Wireless has demonstrated its ability to remain function in emergency situations.
22.SI Wireless states that it will be able to remain functional in emergency situations.43 Specifically, SI Wireless states that it will 1) have adequate amounts of backup power to ensure functionality without an external power source, 2) be able to reroute traffic between switch and hub and 3) be capable of managing traffic spikes resulting from emergency situations.44 We find that SI Wireless has demonstrated its ability to remain functional in emergency situations.
23.Satisfaction of Applicable Consumer Protection and Service Quality Standards. Applicants for ETC designation must demonstrate that they will satisfy applicable consumer protection and service quality standards.45 The petitioners have committed to providing applicable consumer protection and service quality standards by committing to abide by the current CTIA Consumer Code for Wireless Service as well as any subsequent revisions and amendments.46
24.Financial and Technical Capability. Applicants for ETC designation must demonstrate that they are financially and technically capable of providing Lifeline supported services.47 Blue Wireless states that it has provided service since 2004 and has a long history of providing service to non-Lifeline consumers.48 It states that it does not intend to rely exclusively on Universal Service Fund (USF) disbursements and that it receives revenue from several non-USF sources.49 Blue Wireless also states that it has not been subject to any Commission enforcement action or ETC revocation proceedings in any state.50 As a result, we find that Blue Wireless is financially and technically capable of providing Lifeline supported services.
25.SI Wireless states that it is a facilities-based wireless carrier formed in 2009 by a partnership of rural independent telephone companies.51 SI Wireless states that it does not intend to rely exclusively on USF disbursements to operate its business, and it has access to a line of credit and resources of private investors in other to operate its business on a daily basis.52 SI Wireless states that it has not been subject to enforcement action at the Commission or in any state and has not had any of its ETC designations revoked.53 We find that SI Wireless is financially and technically capable of providing Lifeline supported services.
26.Information Regarding the Terms and Conditions of Lifeline Plans. Applicants for ETC designation must submit information regarding the terms and conditions of any voice telephony plans they offer to Lifeline subscribers.54 Blue Wireless states that its Lifeline plan offerings include a voice plan for $9.25 (free to the consumer after application of the discount) which includes 500 voice minutes and 500 text messages.55 Blue Wireless states that its Lifeline customers will also have access to a variety of other standard features at no additional charge, including voicemail, caller identification and call-waiting services.56 Additionally, it states that in the Tribal areas, it will make available its unlimited talk, text and data plan at no charge to eligible Tribal land residents.57
27.SI Wireless states it allows Lifeline subscribers to apply the Lifeline discount to all of the plans that it offers.58 SI Wireless provides that its least expensive service plan is a voice plan for $29.99, which includes unlimited mobile-to-mobile minutes and 75 weekday mobile-to-landline minutes per month.59 SI Wireless represents that its Lifeline customers will also have access to a variety of other standard features at no additional charge, including voicemail, caller identification and call-waiting services.60
28.Anti-Drug Abuse Act Certification. Applicants for ETC designation must provide a certification that neither the petitioner nor any party to the application is subject to denial of federal benefits pursuant to the Anti-Drug Abuse Act of 1988.61 The petitioners have provided a certification consistent with the requirements of the Anti-Drug Abuse Act of 1988.62 Petitioner’s certification satisfies the requirements of the Anti-Drug Abuse Act of 1988, as codified in sections 1.2001–1.2003 of the Commission’s rules.
A.Public Interest Analysis
29. Prior to designating an ETC, the Commission must determine whether such a designation is in the public interest.63 Among other things, Blue Wireless maintains that designating it as an ETC is in the public interest because it has a record of excellent customer satisfaction and expansion of its service offerings will allow it to continue to serve the needs of individuals in its local area, the Buffalo/Lake Erie region.64 Blue Wireless notes that it completed a contract to provide free Wi-Fi for the Buffalo Municipal Housing Authority, and in conjunction with the installation of a Wi-Fi hot spot in the facility, is launching a new $25 per month service plan to residents that includes free, secure access to all of its Wi-Fi hotspots, plus nationwide unlimited talk, text and 100 MB of nationwide high speed data.65 Blue Wireless anticipates leveraging its Lifeline services with other creative offerings in order to provide service alternatives for low-income consumers in its service area.66 We find that Blue Wireless’ service offerings will provide a variety of benefits to Lifeline-eligible consumers, including increased consumer choice, high-quality service, and mobility.67
30.SI Wireless maintains that designating it as an ETC will advance the public interest in its requested service area.68 SI Wireless states that its designation will bring improved coverage and service quality, including to areas that are underserved by wireless telephone facilities.69 It states that it will provide additional consumer choice and a potential solution to health and safety risks associated with living in rural areas.70 We find that SI Wireless’ service offerings will provide a variety of benefits to Lifeline-eligible consumers, including increased consumer choice, diverse service offerings, high-quality service, and mobility.
31.Additionally, in order to promote public safety, and safeguard against waste, fraud and abuse in the Lifeline program, we require the petitioners to comply with certain conditions. Petitioners’ ETC designation are conditioned on its compliance with the representations and commitments made in its petition , as discussed above, as well as the Commission’s rules, including those adopted by the Commission in the Lifeline Reform Order.71 Subject to the above-stated conditions, we find that designating petitioners as limited ETCs, eligible only to receive Lifeline support, is in the public interest.
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