Case Background
By Order PSC-99-1116-PAA-TX, issued June 2,
1999, the Florida Public Service Commission (PSC or Commission) granted
Competitive Local Exchange Company (CLEC) certificate No. 7031 to Budget
PrePay, Inc. d/b/a Budget Phone (Budget).[1] By Order PSC-06-0067-CO-TX, issued January
25, 2006, the PSC designated Budget an Eligible Telecommunications Carrier
(ETC) in the State of Florida.[2] On May 24, 2016, Budget filed a notice of
cancellation of its CLEC certificate in the State of Florida and relinquishment
of its designation as an ETC in the State of Florida. Budget has complied with
Section 364.335(3), Florida Statutes, by providing notice in writing of its
request for voluntary cancellation of its CLEC certificate and by submitting
all Regulatory Assessment Fees that the company must pay. Pursuant to Section
2.07.C.5.g., Administrative Procedures Manual, the request to relinquish its
CLEC certificate was acknowledged on August 26, 2016.
The
Commission is vested with jurisdiction in this matter pursuant to Sections
364.10, Florida Statutes, and 47 C.F.R. §54.205.
Discussion
of Issues
Issue 1:
Should the Commission grant Budget’s request for
relinquishment of its ETC designation?
Recommendation:
Yes, the Commission should grant Budget’s request
for relinquishment of its ETC designation.
(Beard)
Staff Analysis:
The Commission previously granted Budget CLEC
certification and ETC designation in Florida. On May 24, 2016, Budget filed its
request to relinquish its designation as an ETC in the State of Florida and for
cancellation of its CLEC certificate.
Federal
rules allow an ETC to relinquish its ETC designation. 47 C.F.R. §54.205
provides that:
A state commission shall permit an
eligible telecommunications carrier to relinquish its designation as such a
carrier in any area served by more than one eligible telecommunications
carrier. An eligible telecommunications
carrier that seeks to relinquish its eligible telecommunications carrier
designation for an area served by more than one eligible telecommunications
carrier shall give advance notice to the state commission of such
relinquishment.
Federal
rules also require state commissions to ensure that existing customers are
served. 47 C.F.R. §54.205(b) provides that:
Prior to permitting a
telecommunications carrier designated as an eligible telecommunications carrier
to cease providing universal service in an area served by more than one
eligible telecommunications carrier, the state commission shall require the
remaining eligible telecommunications carrier or carriers to ensure that all
customers served by the relinquishing carrier will continue to be served, and
shall require sufficient notice to permit the purchase or construction of
adequate facilities by any remaining eligible telecommunications carrier. The state commission shall establish a time,
not to exceed one year after the state commission approves such relinquishment
under this section, within which such purchase or construction shall be
completed.
The requirement in 47 C.F.R. §54.205(b) to protect existing
customers is moot in this instance since Budget has indicated it has no
existing Lifeline customers. Therefore,
staff recommends that the Commission grant Budget’s request for relinquishment
of its ETC designation in Florida.
Issue 2:
Should this docket be closed?
Recommendation:
Yes. If no person whose substantial interests are
affected by the proposed agency action files a protest within 21 days of the
issuance of the order, this docket should be closed upon the issuance of a
consummating order. (Murphy)
Staff Analysis:
At the conclusion of the protest period, if no
protest is filed this docket should be closed upon the issuance of a
consummating order.
