Case Background
On October 30,
2024, Integrated Path Communications, LLC (IPC 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 in its service territory.
IPC is a Competitive Local Exchange Carrier (CLEC) licensed by the Commission
to provide telecommunication service in Florida since 2012. The company
provides local, long distance and broadband services to consumers using its own
facilities, along with resale agreements with Frontier Communications of the
South (FL), LLC (Frontier) and CenturyLink Communications, LLC (CenturyLink).
IPC is currently designated as an ETC providing Lifeline service in New York,
Texas and Wisconsin.
IPC is a common
carrier pursuant to 47 U.S.C. § 153(11). IPC is a New York Limited Liability
Company (LLC) authorized to do business as a foreign LLC in the state of
Florida. IPC is a company wholly owned by Brian Shepard.
IPC
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. IPC 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.
The Commission
is vested with jurisdiction in this matter pursuant to Section 214(e)(2) of the
Telecommunications Act of 1996 (the Act) and Section 364.10, Florida Statutes.
Discussion
of Issues
Issue 1:
Should IPC be granted an ETC designation to provide
lifeline service in the service areas listed in Attachment A?
Recommendation:
Yes. IPC should be granted an ETC designation to
provide Lifeline service in the service areas listed in Attachment A. 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, Augspurger, Imig)
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 wireline
telecommunication company Lifeline ETC petitions. 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 the following for ETC designation:
1)
Must offer discounted transitional basic
telecommunications service;
and
2)
Must participate in the Lifeline Promotion Process.
IPC 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 other providers. Specifically, IPC will deliver these
services through its Cisco brand switching network that is located and
monitored at its data operations center in Miami Florida.
Financial,
Managerial, and Technical Capabilities
IPC has been a local telecommunications provider in
Florida for 18 years without any reported interruptions in service. The Company
has operated as an ETC in three states without any ETC revocation proceedings.
IPC has maintained compliance with regulatory requirements and not been subject
to any FCC or Universal Service Administrative Company enforcement actions
related to the Lifeline program. Finally, IPC has never filed for any form of
bankruptcy relief. For these reasons, IPC has demonstrated financial,
managerial, and technical qualifications necessary for ETC designation.
Public Interest
State commissions are required to find that ETC
designation is in the public interest.
While wireline customers represent a smaller segment of the lifeline market in
Florida, ensuring competitive options for this group is essential to providing
customer choice. Moreover, some customers with specific needs continue to rely
on traditional landline services for essential communication needs. Following a
thorough evaluation, staff determined that IPC’s offerings are not only
competitive but also comparable to existing services. Therefore, staff believes
that granting IPC ETC designation will serve the public interest.
Conclusion
Staff has reviewed IPC’s petition for ETC designation in
Florida. IPC meets all the requirements for designation as an ETC. Additionally,
the Company has demonstrated sufficient financial, managerial, and technical
capabilities. Therefore, staff recommends IPC should be granted an ETC
designation in the service territory 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. (Augspurger, Imig)
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.
