Case Background
On August 2,
2024, Air Voice Wireless, LLC d/b/a AirTalk Wireless (Air Voice or
Company) filed a petition with the
Florida Public Service Commission (FPSC or Commission) seeking designation as
an eligible telecommunications carrier (ETC) in the State of Florida. Air
Voice’s request for ETC designation is for the sole purpose of providing
Lifeline services to qualifying consumers throughout Florida. Air Voice is a
provider of commercial mobile radio service (CMRS) and offers prepaid wireless
telecommunications services to consumers as a reseller. Specifically, Air Voice
uses the network infrastructure and wireless transmission facilities of AT&T
to operate as a Mobile Virtual Network Operator. Air Voice is currently
designated as an ETC providing Lifeline service in 40 other states.
As
a CMRS provider, Air Voice is regulated as a common carrier pursuant to 47
U.S.C. § 153(11). Air Voice is a Texas Limited Liability
Company (LLC) authorized to do business as a foreign LLC in the State of
Florida. Air Voice is a wholly owned subsidiary of VTel Holdings, LLC which is
wholly owned by Henry Hung Do.
Air
Voice asserts that it meets all applicable federal requirements for designation
as a Lifeline only ETC in Florida pursuant to 47 U.S.C. § 214(e) and 47 C.F.R. §
54.201. Air Voice 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 transitional discount for
customers who no longer qualify for Lifeline.
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. In
addition, Section 364.10(3) F.S. specifically grants the Commission
jurisdiction to address wireless ETC petitions for Lifeline purposes only.
Discussion
of Issues
Issue 1:
Should Air Voice be granted ETC designation to
provide Lifeline service throughout the State of Florida?
Recommendation:
Yes. Air Voice 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, Fogleman, Farooqi, Marquez)
Staff Analysis:
ETC designation is necessary for telecommunications
companies to participate in the federal Lifeline program.
Section 364.10(3), F.S. allows the Commission to approve wireless Lifeline ETC
petitions by requesting carriers. 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;
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
the following for ETC designation:
1)
Offer discounted transitional basic telecommunications
service.
2)
Participate in the Lifeline Promotion Process.
Forbearance of Facilities Requirements
Air Voice plans to offer all of the supported services
enumerated under Section 254(c) of the Act through its wireless resale
agreement with AT&T. Therefore, it sought forbearance of the facilities
requirement from the Federal Communications Commission (FCC). On December 26,
2012, the FCC approved Air Voice’s compliance plan that is a condition for
obtaining forbearance from the facilities requirement for the provision of
Lifeline service. As part
of its compliance plan Air Voice committed to do the following:
1)
Provide the supported services throughout the carrier’s
designated area;
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 Air Voice 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, Air Voice is
eligible for designation as a Lifeline only ETC in Florida.
Financial,
Managerial, and Technical Capabilities
Air Voice states it has been a wireless provider for 24
years and a Lifeline provider for 11 years. The Company has operated as an ETC
in 40 states and has not been subject to any ETC revocation proceedings. While
Air Voice has had ownership changes and enforcement actions by the FCC, which
were resolved promptly, the Company has not had any bankruptcies under the
current ownership. At
present, the Company is in good standing with the FCC. The Company has over 25
years of technical and managerial experience, and it does not rely exclusively
on Lifeline reimbursements for its operating revenues. As Air Voice will be
providing resold wireless service, it will also rely upon the managerial and
technical expertise of its underlying carrier.
Public Interest
State commissions are required to find that ETC
designation is in the public interest.
Air Voice asserts granting its ETC designation will increase options for
Lifeline eligible consumers by providing an additional choice of providers. Moreover,
Air Voice contends that wireless service offers a more reliable mode of
communication. After a thorough evaluation, staff determined that in addition
to broadening consumer choice and improving service stability, Air Voice’s
offerings are competitive and comparable to existing services. Therefore, staff
believes that granting Air Voice ETC designation would serve the public
interest.
Conclusion
Staff has reviewed Air Voice’s petition for ETC
designation in Florida. Air Voice meets the requirements for designation as an
ETC. Additionally, the Company has demonstrated sufficient financial,
managerial, and technical capabilities. Therefore, staff recommends Air Voice
should be granted ETC designation in the service areas 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, Marquez)
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.
