Case Background
On October 6,
2026, Tempo Telecom, LLC (Tempo) filed a petition with the Florida Public
Service Commission (Commission) to relinquish its eligible telecommunications
carrier (ETC) designation in Florida. Tempo is a provider of Commercial Mobile
Radio Service (CMRS). As a CMRS provider, Tempo is regulated as a common
carrier pursuant to 47 U.S.C. § 153(11). Tempo is a limited liability company
organized in the state of Georgia, and is a wholly owned subsidiary of Lingo
Management, LLC. The Commission granted Tempo statewide designation as an ETC
in Docket No. 20240069-TP, for the sole purpose of providing Lifeline service
to qualifying consumers. This designation became final on July 18, 2024, upon
issuance of Consummating Order PSC-2024-0249-CO-TP.
An ETC
designation is required for telecommunications carriers to receive federal
Universal Service Fund support for the Lifeline Program. After designation, the
Universal Service Administrative Company (USAC) typically assigns an ETC a
Study Area Code (SAC). Tempo asserts that it has not yet received a SAC from
USAC. Tempo further notes that it has
not been provided with any explanation for the delay. As a result, Florida
Lifeline eligible consumers have been unable to select Tempo as a Lifeline
provider since its July 2024 designation.
The Commission is vested with jurisdiction
in this matter, pursuant to Section § 364.10, Florida Statutes, 47 United
States Code (U.S.C.) § 214(e)(4), and 47 Code of Federal Regulation (C.F.R.) §
54.205.
Discussion
of Issues
Issue 1:
Should the Commission approve Tempo Telecom, LLC's
request for relinquishment?
Recommendation:
Yes. The Commission should approve Tempo Telecom,
LLC's request to relinquish its ETC designation. (Day, Fogleman)
Staff Analysis:
An ETC
may relinquish its ETC designation pursuant to 47 C.F.R. §54.205(a), which
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.
In approving a relinquishment, state commissions must
require the remaining ETCs to ensure that existing customers will continue to
be 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.
Staff’s review confirms that Tempo meets all required
criteria for ETC relinquishment. Several wireless ETCs currently provide
Lifeline service statewide (Attachment A). Due to delays in USAC assigning
Tempo a SAC, Tempo never offered Lifeline‑eligible consumers service in
Florida. Without a SAC, it could not be reimbursed for providing Lifeline
services. As Tempo has no Lifeline customers in Florida, customer notification
requirements do not apply.
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. (Sparks)
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.
