Case Background
On April 19,
2024, DISH Wireless L.L.C. d/b/a Gen Mobile (DISH or Company) filed a petition
with the Florida Public Service Commission (FPSC or Commission) seeking
designation as an eligible telecommunications carrier (ETC) for the sole
purpose of providing Lifeline service to qualifying consumers throughout
Florida. DISH is a provider of commercial mobile radio service (CMRS) and
offers prepaid wireless telecommunications services to consumers using its own facilities,
along with resale agreements with T-Mobile USA, Inc. (T-Mobile) and AT&T
Mobility (AT&T). DISH is currently designated as an ETC providing Lifeline
service in 29 other states.
As
a CMRS provider, DISH is regulated as a common carrier pursuant to 47 U.S.C. §
153(11). DISH is a Colorado Limited Liability
Company (LLC) authorized to do business as a foreign LLC in the state of
Florida. DISH asserts in Florida it will be operating under its authorized fictitious
name “Gen Mobile.” DISH is a wholly owned subsidiary of DISH Network
Corporations.
DISH
asserts that it meets all applicable federal requirement for designation as a
Lifeline only ETC in Florida pursuant to 47 U.S.C. § 214(e) and 47 C.F.R. §
54.201. DISH acknowledges and asserts that, if approved, it will comply with
Sections 364.10 and 364.105, Florida Statutes (F.S.) and Rule 25-4.0665,
Florida Administrative Code (F.A.C.), which govern Lifeline service and provide
for a transitional discount for customers who no longer qualify for Lifeline.
In addition to the federal rules and statutes discussed above, the Commission
has jurisdiction in this matter pursuant to Section 364.10, F.S.
Section
214(e)(2) of the Telecommunications Act of 1996 (the Act) provides state public
utility commissions with “primary responsibility” for the designation of ETCs.
The Commission initially exercised this authority to designate both wireline
and wireless carriers as ETCs. In 2011, the Florida Legislature removed the
FPSC authority to designate wireless ETC providers. However, the Florida Legislature amended
Section 364.10, F.S., in 2024 to specifically grant the Commission jurisdiction
to address wireless ETC petitions for Lifeline purposes only.
Discussion
of Issues
Issue 1:
Should DISH be granted an ETC designation to provide
Lifeline service throughout the State of Florida?
Recommendation:
Yes. DISH should be granted an ETC designation to
provide Lifeline service throughout the State of Florida. Staff also recommends
that if there is a future change of Company ownership, the new owners should be
required to file a petition with the Commission to demonstrate that it is in the
public interest to maintain the Company’s ETC designation. (Deas, Day, Mallow,
Fogleman)
Staff Analysis:
ETC designation is necessary for telecommunications
companies to participate in the federal lifeline program.
Section 364.10, F.S. allows the Commission to approve wireless Lifeline ETC
petitions by requesting carriers. Specifically, paragraphs 364.10(1)(a) and (3)(a) F.S., provide the
Commission with the authority to designate a CMS provider as an ETC for the
limited purpose of providing Lifeline service.
Federal rules outline the requirements for ETC
designation. To
obtain ETC designation to provide Lifeline services, federal rules require that
carriers:
1)
Be a common carrier;
2)
Offer the services that are supported by the federal
universal support mechanisms either using its own facilities or a combination
of its own facilities and resale of another carrier’s services;
3)
Advertise the availability of its Lifeline service
through a media of general distribution;
4)
Provide voice grade access to the public switch network
or its functional equivalent;
5)
Offer minutes of use for local service at no additional
charge to end users;
6)
Provide access to the emergency services available by
local government or other public safety organizations; and
7)
Provide Broadband Internet Access Service;
8)
Demonstrate financial and technical capability to
provide Lifeline service. and
9)
Not charge Lifeline customers a monthly
number-portability charge.
In addition, Florida law
requires do the following for ETC designation:
1)
Must offer discounted transitional basic
telecommunications service; and
2)
Must participate in the Lifeline Promotion Process.
DISH plans to offer all of the supported services listed
under Section 254(c) of the Act through a combination of its own facilities and
resale agreements with T-Mobile and AT&T. Because DISH meets the facilities
requirement, it is not required to obtain an approved FCC compliance plan in
accordance with the 2012 Lifeline Reform Order. However, DISH has agreed to
comply with the additional requirements for those granted ETC status by the
FCC, which include the following:
1)
Provide the supported services throughout the carriers’
designated areas;
2)
Remain functional in emergency situations;
3)
Comply with the Cellular Telecommunications and
Internet Association's Consumer Code for Wireless Service;
4)
Demonstrate that it is financially and technically
capable of providing the Lifeline service in compliance with federal rules; and
5)
Describe the terms and conditions of the broadband
Internet access service plans offered to Lifeline subscribers.
Because DISH will offer the supported services and is
compliant with the FCC requirements pursuant to 47 U.S.C. § 214(e) and 47
C.F.R. § 54.201, as well as the Florida specific requirements, DISH is eligible
for designation as a Lifeline only ETC in Florida.
Financial,
Managerial, and Technical Capabilities
As noted in its petition, DISH has offered service since
2020 and has not filed for any form of bankruptcy relief. The Company has
operated as an ETC in 37 states and has not been subject to any ETC revocation
proceedings. While DISH has only been a CMRS provider for four years, its
parent company, DISH Network Corporation has over 20 years of technical and
managerial experience. DISH asserts that it does not rely exclusively on
Lifeline reimbursements for its operating revenues and it has access to
additional capital resources from its parent and affiliate companies. DISH has
not been involved in any FCC or USAC enforcement actions related to the Lifeline
program. However, USAC issued DISH a Notice of Determination of Amounts Owed
and intent to recoup regarding the Emergency Broadband Program. DISH is
currently disputing these allegations in a pending case before the FCC. After
reviewing this Notice, staff determined that there is nothing significant in
the findings that should prevent DISH from being granted ETC designation in
Florida.
Public Interest
Determinations
State commissions are required to find that ETC
designation is in the public interest. DISH
asserts granting its ETC designation will bring Lifeline eligible consumers
more choice in providers. In Florida, consumers are currently limited to three
wireless Lifeline providers. These three companies represent 98 percent of the
Lifeline market in Florida.
However, the FPSC’s estimated Lifeline participation rate for the last two
years has hovered around 18 percent.
The increase in carriers servicing this market may increase participation
through additional marketing and would serve the public interest.
Conclusion
Staff has reviewed DISH’s petition for ETC designation in
Florida. DISH meets all the requirements for designation as an ETC.
Additionally, the Company has demonstrated sufficient financial, managerial,
and technical capabilities. Therefore, staff recommends DISH should be granted an
ETC designation throughout the State of Florida as identified in Attachment A
of this recommendation. Staff further recommends that if there is a future
change of Company ownership, the new owners should be required to file a
petition with the Commission to demonstrate that it is in the public interest
to maintain the Company’s ETC designation.
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 Proposed Agency Action
Order, this docket should be closed upon the issuance of a consummating order.
(Farooqi)
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.
