ROWNRUDNICK One AMY I. TIERNEY Financial direct dial: (617) 856-8113 Center fax: (617) 289-0443 Boston [email protected] Massachusetts 02111 tel 617.856.8200 June 1, 2012 fax 617.856.8201
VIA HAND DELIVERY AND E-FILE
Catrice C. Williams, Secretary Department of Telecommunications and Cable 1000 Washington Street 8th Floor, Suite 820 Boston, MA 02118-6500
RE: D.T.C. 12-4 - T-Mobile Northeast LLC Petition for Limited Designation as an Eligible Telecommunications Carrier for Purposes of Low Income Support Only
Dear Ms. Williams:
Enclosed for filing in the above-captioned proceeding, please find an original and three (3) copies of the following:
1. Post- Hearing Brief of T-Mobile Northeast LLC; and 2. T-Mobile's Responses to Record Requests Nos. 1 through 14 ("Responses").
Redacted copies of the Responses are provided with this letter while confidential copies are provided to the Hearing Officer. Additionally, I have enclosed the requisite Certificate of Service.
Please note that the responses to RR 10 and RR 11 contain confidential materials which were the subject of T-Mobile's Motion for Confidential Treatment dated April 25, 2012.
Please call me if you have any questions with respect to this matter.
Sincerely,
BROWN RUDNICK LLP
Amy I.Tie Enclosures
AIT:ljr cc: Betsy Whittey, Hearing Officer (w/enc. via hand delivery) Paul Abbott, General Counsel (w/enc. via hand delivery) Kalun Lee, Deputy General Counsel (w/enc. via hand delivery) Karlen Reed, Director, Competition Division (w/enc. hand delivery) Michael Mael, Competition Division (w/enc. via hand delivery) Michael Scott, Legal Division (w/enc. via hand delivery) Michele Thomas, Esq. (w/enc. via email) Paul G. Afonso, Esq. (w/enc. via email) 60550487 vl-Wo rkSiteU S-026311/0009
Brown Rudnick LLP an international law firm Boston I Dublin I Hartford I London I New York I Providence I Washington COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF TELECOMMUNICATIONS AND CABLE
) In the Matter of ) ) T-Mobile Northeast LLC ) D.T.C. 12-4 ) Petition for Limited Designation as an ) Eligible Telecommunications Carrier ) For Purposes of Lifeline Support Only ) )
POST-HEARING BRIEF OF T-MOBILE NORTHEAST LLC
Paul G. Afonso Amy I. Tierney Brown Rudnick LLP One Financial Center Boston, MA 02111 Tel: 617.856.8200 Fax: 617.856.8201
Michele Thomas Principal Corporate Counsel — State Regulatory T-Mobile USA, Inc. 4 Sylvan Way Parsippany, NJ 07054 Tel: 973-451-8399 Fax: 866-836-6868
June 1, 2012 I. INTRODUCTION 1 A. Description of T-Mobile's Lifeline Offering 1 B. Procedural History 2 C. T-Mobile's Previous ETC Designations 3 II. JURISDICTION AND STANDARD OF REVIEW 4 III. TIMELY DESIGNATION OF T-MOBILE AS AN ETC FOR THE PURPOSES OF OFFERING LIFELINE IS IN THE PUBLIC INTEREST 5 A. T-Mobile's Lifeline Offerings Will Provide Lifeline Customers With Increased Consumer Choice at Affordable Rates 5 B. T-Mobile's Lifeline Offerings Will Provide Lifeline Customers With Quality Lifeline Offerings 6 IV. T-MOBILE ESTABLISHED THAT IT MEETS ALL STATUTORY AND REGULATORY REQUIRMENTS FOR ELIGIBLE TELECOMMUICATIONS CARRIER DESIGNATION 8 A. T-Mobile Is a Common Carrier 8 B. T-Mobile Will Provide All of the Supported Services in its Lifeline Offerings 8 C. T-Mobile Will Use Its Own Facilities to Provide Lifeline Service and All of the Supported Services Throughout Its Designated Service Area 8 D. T-Mobile Will Advertise the Availability of Its Lifeline Offerings Using Media of General Distribution 9 E. T-Mobile Meets the Additional Requirements for Designation as an ETC 10 1. T-Mobile Has Demonstrated Compliance With Applicable Service Requirements 10 2. T-Mobile Has Demonstrated Its Ability to Function in Emergency Situations 10 3. T-Mobile Has Demonstrated That It Will Satisfy All Consumer Protection and Service Quality Standards 1 1 4. T-Mobile Has Demonstrated Its Financial and Technical Capability To Provide Lifeline Service 12 5. T-Mobile Has Provided, and Will Continue to Provide, Information on Its Lifeline Service Offering 13 F. T-Mobile Will Comply With All Applicable Reporting and On-Going Operational Requirements 14 1. Federal Communications Commission Requirements 14 2. Massachusetts Department of Telecommunication and Cable Requirements 17 G. T-Mobile Will Take Additional Steps To Prevent Waste, Fraud and Abuse 18 V. CONCLUSION 19 I. INTRODUCTION
On March 7, 2012, T-Mobile Northeast LLC, a wholly-owned subsidiary of T-Mobile
USA, Inc., ("T-Mobile" or the "Company") filed a petition with the Department of
Telecommunications and Cable ("DTC or "Department") seeking designation as an Eligible
Telecommunications Carrier ("ETC") in the Commonwealth of Massachusetts pursuant to
Section 214(e)(2) of the Communications Act of 1934, as amended ("the Act"), for the limited
purposes of offering Lifeline service to qualified low-income consumers and receiving Federal
Universal Service Fund ("FUSF") support for such services provided within T-Mobile's
designated service area in Massachusetts.' T-Mobile has demonstrated its full compliance with
all applicable Federal Communications Commission ("FCC") rules and orders, as well as the
requirements of this Department as set forth in its previous orders designating ETCs. 2 Moreover,
the timely designation of T -Mobile as an ETC is in the public interest because it will provide
Massachusetts' low-income consumers with access to additional competitive choices for
affordable wireless service from a facilities-based provider. Accordingly, based on the complete record in this matter, the Department should expeditiously designate T-Mobile as an ETC for the
limited purposes of proving Lifeline services in Massachusetts.
A. Description of T-Mobile's Lifeline Offering
Upon designation as an ETC, consistent with 47 C.F.R. § 54.405, T-Mobile will make available to qualified low-income consumers a discounted service offering that meets all applicable federal and state Lifeline requirements. 3 T-Mobile's Lifeline service offering includes a low $9.99 per month Lifeline rate based upon a non-discounted rate of $19.99 per month (less
I Exh. 1. 2 T-Mobile notes that the Department issued a Notice regarding revised Lifeline reporting requirements on May 24, 2012. In reviewing these reporting requirements, T-Mobile intends to comply with any and all requirements that are applicable to our Lifeline offerings and consistent with current federal requirements. 3 See In the Matter of Lifeline and Link Up Reform and Modernization, Report and Order and Further Notice of Proposed Rulemaking, WC Docket No. 11-42, FCC 12-11, released February 6, 2012 ("Lifeline Reform Order").
1 the $10.00 Lifeline discount) 4, 145 Whenever minutes®, 500 night minutes, and 500 weekend
minutes per month, with a per minute overage rate of $0.05, and traditional wireless calling
features including call waiting, conference calling, three-way calling, caller identification, voice
mail, and access to affordable handsets. (119.99 Offering"). 5 The $19.99 Offering also allows qualified subscribers to purchase certain optional features such as handset insurance, text
messaging, and others. 6 T-Mobile plans to expand its Lifeline offerings to include: (1) T-
Mobile's Monthly 4G Plans, (2) T-Mobile's Classic Plans for Families and Individuals; (3) T-
Mobile's Value Plans for Families and Individuals; and (4) T-Mobile's Wal-Mart Family Mobile
plan.7 These plans will offer Massachusetts Lifeline customers a wide-variety of service
offerings to choose from including several no contract plans that do not have either Early
Termination Fees or Activation Fees. 8 T-Mobile intends to begin offering the Lifeline discount
on the Monthly 4G Plans and T-Mobile's Wal-Mart Family Mobile plan within a matter of
weeks of receiving the requisite Department approvals. 9 All T-Mobile Lifeline plans allow
customers to check their balance of minutes free of charge.' Both the $19.99 Offering and the
pay in advance services provide eligible Lifeline customers access to T-Mobile's advanced
communication network and its ongoing commitment to quality of service.
B. Procedural History On March 7, 2012, T-Mobile filed its Petition with the Department for Limited
Designation as an Eligible Telecommunications Carrier for the Purposes of Lifeline Support
4 T-Mobile will offer qualified consumers a Lifeline discount of the $9.25 federal discount amount, plus a $.75 Company additive for a total discount of $10.00 on all Lifeline offerings in Massachusetts. Exh. IR 1-6(a); Transcript of the May 16, 2012 Hearing before the Department in this proceeding ("Tr.") at 37:15-23. The FCC's Lifeline Reform Order eliminated the previous system of tiered support and set a rate of $9.25 effective May 1, 2012. See, WC Dkt. No-11-42 et al. FCC Dkt. No. 96-45, DA 12- 493(Wireline Comp. Bur. Mar. 29, 2012). 5 Exh. 1 at 12-13; see Exh. IR 1-7; Exh. 1-13; see also Tr. at 26:24 -27:5. 6 Exh. IR 1-7. 7 Exh. IR 1-11, Exh. D; Exh. 1-11 (Supp.), Exh. D (Supp.); RR 8. See id.; see also Tr. at 86:24-87:17. 9 See Tr. at 87:21-88:3. io RR 2.
2 Only." On April 2, 2012, the Department issued a Notice of Public Hearing, Order of Notice,
Procedural Schedule, and the Department's First Set of Information Requests. T-Mobile timely published the Department's Notice of Public Hearing in accordance with the Department's
Notice of Hearing, and proof of such publication was filed on May 3, 2012. 12 On April 25, 2012,
T-Mobile served its Objections and Responses to the Department's First Set of Information
Requests and supplemented those responses on April 30, 2012. 13 No parties objected to, or intervened in, this proceeding. On May 16, 2012, Hearing Officer Whittey presided over the public and evidentiary hearings attended by T-Mobile and Department staff. T-Mobile presented two Company witness: Gene DeJordy, Consultant for T-Mobile, and Rhonda Thomas,
Regulatory Manager for Universal Service — Eligible Telecommunications Carrier Program for
T-Mobile USA, Inc. Mr. DeJordy and Ms. Thomas were examined by Department Staff. During the evidentiary hearing, fourteen Record Requests were issued by Department Staff. T-Mobile responded to all Record Requests on June 1, 2012. 14
C. T-Mobile's Previous ETC Designations
T-Mobile's corporate affiliates have been designated as ETCs for purposes of high-cost and Lifeline in nine states and Puerto Rico, for the purposes of Lifeline support only in
Maryland, Michigan and Pennsylvania and for the purposes of Mobility Funding in Minnesota,
Texas, and Louisiana. In addition, T-Mobile has applications for ETC designation or expanded designation pending in approximately twenty states for the purpose of Lifeline and/or Mobility
Fund support. 15
11 Exh. 1. Exh. 4. 13 Exh. IR 1 - Exh. IR 1-32; Exh. IR 1-11 (Supp.); Exh. IR 1-28 (Supp.); Exh. IR 1-32 (Supp.) 14 RR 1 - RR 14. 15 RR 1; Tr. at 25:10-20.
3 II. JURISDICTION AND STANDARD OF REVIEW
Section 214(e)(2) of the Act provides the Department with the authority to designate
competitive carriers as ETCs. State regulatory commissions have the primary responsibility for
making ETC designations, whether upon their own motion or by a carrier's request. 47 U.S.C.
§214(e)(2); See Universal Service Order at 6384. 16 In Massachusetts, the Department exercises jurisdiction over carriers pursuant to G.L. c. 159 §12. Before designating T-Mobile as an ETC,
the Department must determine that T-Mobile satisfies all of the requirements for designation as
an ETC, as enumerated in 47 U.S.C. § 214(e) and applicable FCC Rules as recently amended.
These requirements include: (i) common carrier status (see Section IV.A., infra.);17 (ii) offering
all of the supported services in its Lifeline offering (see Section IV.B., infra.);18 (iii) using its
own facilities to offer Lifeline service throughout its designated ETC service area (see Section
IV.C., infra.);19 (iv) advertising the availability of Lifeline service (see Section IV.D., infra.);2°
(v) meeting all other requirements for designation as an ETC for purposes of providing Lifeline
service (see Section IV.E., infra.);21 (vi) complying with all applicable reporting and on-going
operational requirements (see Section IV.F., infra.); (vii) taking steps to limit fraud, waste and
abuse of the FUSF (see Section IV.G., infra.);22 and (viii) a finding that designation as an ETC will be in the public interest by resulting in more customer choice and increased service
availability (see Section III, infra.)23
16 See Fed-State I Bd. on Universal Serv., 20 F.C.C.R. 6371 (March 17, 2005) ("Universal Service Order"). 17 See 47 U.S.C. § 214(e)(1); 47 C.F.R. § 54.201(d). 18 See 47 U.S.C. § 214(e)(1); 47 C.F.R. § 54.201(d). 19 See 47 U.S.C. § 214(e)(1); 47 C.F.R. § 54.201(d). 29 See 47 U.S.C. § 214(e)(1); 47 C.F.R. § 54.201(d). 21 47 C.F.R. § 54.20(a). 22 In the Lifeline Reform Order, the FCC adopted comprehensive reforms to the federal low-income program, including steps to limit fraud, waste and abuse within the program. 23 47 U.S.C. § 214(e)(2); 47 C.F.R. § 54.202(b).
4 III. TIMELY DESIGNATION OF T-MOBILE AS AN ETC FOR THE PURPOSES OF OFFERING LIFELINE IS IN THE PUBLIC INTEREST
Prior to designating a common carrier as an ETC, the Department must make an
affirmative finding that such designation is "consistent with the public interest, convenience and
necessity."24 In making this determination, the Department considers, among other factors, the
benefits of increased consumer choice, the unique advantages and disadvantages of the
competitor's service offering, affordability, quality of service, and service to unserved or
underserved customers. 25 As described below, T-Mobile has demonstrated that its designation as
an ETC is in the public interest.
A. T-Mobile's Lifeline Offerings Will Provide Lifeline Customers With Increased Consumer Choice at Affordable Rates
T-Mobile's designation as an ETC will provide low income consumers in Massachusetts
with competitive alternatives to the existing Lifeline service offerings. Consistent with the goals
of the FCC's recent Lifeline Reform Order, T-Mobile views Lifeline consumers as customers
first, and potential Lifeline eligible consumers second. To that end, T-Mobile's Lifeline
offerings include all features, terms and conditions available to non-Lifeline consumers, but at a
discounted rate. 26 The introduction of T-Mobile's $19.99 Offering into the competitive
marketplace will include a total of 1,145 minutes for a monthly Lifeline discounted rate of $9.99
24 See In the Matter of the Application of Virgin Mobile USA, L.P.'s Petition for Limited Designation as an Eligible Telecommunications Carrier, Order Approving Petition, D.T.C. 10-11, at 10, September 9, 2011 ("Virgin Mobile ETC Order"), quoting, Universal Service Order at 6388. 25 See Id. To the extent that service to unserved or underserved customers.is applicable under the revised FCC rules, T-Mobile has stated that it intends to continue to invest in its network in the Commonwealth. See Tr. at 103:9-106:3. In addition, T-Mobile notes that the FCC recently approved several non-facilities based compliance plans consistent with the Lifeline Reform Order. See Public Notice, Lifeline and Link Up Reform and Modernization et al, WC Docket No. 11-42 et al, Federal Communications Commission, May 25, 2012. To the extent that those compliance plans may supersede the Department's previous findings in the Virgin Mobile ETC Order, T-Mobile intends to comply accordingly. 26 Tr. at 23:2-8 and 27:4-19.
5 for qualifying consumers with a per minute overage rate of only $0.05. Thus, T-Mobile's
Lifeline offering includes a large bucket of monthly minutes with a low overage rate. 27
As described above in Section I.A., T-Mobile intends to expand its Lifeline offerings in the Commonwealth to include its large suite of affordable rate plans. These plans will offer additional choices to Lifeline customers by providing value oriented access to T-Mobile's advanced communications network and its broad lineup of phones, including many smartphones.
T-Mobile committed to comply with all applicable requirements in connection with each of its
Lifeline offerings in Massachusetts. 28 Consequently, T-Mobile's entry into the Lifeline market will provide Massachusetts low-income residents increased choice of services with a variety of different price points, allowing consumers to make their personal assessment as to what plan best suits their telecommunication needs.
B. T-Mobile's Lifeline Offerings Will Provide Lifeline Customers With Quality Lifeline Offerings
In addition to the unique features of T-Mobile's Lifeline offerings, the T-Mobile network will allow low-income consumers access to T-Mobile's Global Service for Mobility ("GSM") network, which provides consumers with access to a worldwide mobile wireless technology. 29
T-Mobile continues to invest millions of dollars annually into the expansion, upgrade and operation of its GSM network for the benefit of our customers and low-income consumers decidedly deserve the same benefits.
Moreover, T-Mobile's entry into the Massachusetts Lifeline market will expand the choices among wireless ETC providers in the Commonwealth at a time when wireless carriers are investing in newer, better and faster networks. Wireless accounts for more than 30% of all
27 Tr. at 72:4-23 and Tr. 68:1-19. 28 Tr. at 27:10-12; see Exh. 1 at 13. 29 See Tr. at 127:18-128:13.
6 telecommunications investment, nearly a quarter of all information and communications technology investment, and two percent of total investment in the U.S. economy. 30 T-Mobile stands at the forefront of innovation in the wireless community. Despite continuing economic difficulties, the US wireless industry, including T-Mobile, has continued to make significant investments into new technology and services: incremental capital investment increased from
$20.2 billion in 2008 to $20.4 billion in 2009 and plans to make similar investments in capital investment in Massachusetts in 2012. 31 T-Mobile has been a leader in deployment of next generation technology, investing approximately $2.7 billion in 2011, primarily in expanding deployment of its HSPA+ (4G) mobile broadband network. T-Mobile recently announced that it will invest $4 billion in total to strengthen its 4G network and engage in a significant spectrum re-farming effort that will facilitate the deployment of long-term evolution (LTE) service in 2013 and support the increasing consumer appetite for mobile data access. These upgrades and investments will directly benefit residents of the Commonwealth of Massachusetts. T-Mobile's deployment of next generation technology and services are especially important given the direction on universal service announced in the FCC's USF/ICC Transformation Order32 and on
Lifeline service announced in the FCC's Lifeline Reform Order, in which the FCC seeks to provide consumers with access to networks capable of supporting advanced broadband services.
This anticipated network transformation will significantly enhance coverage and performance for customers, and also provide high-paying American jobs. 33
Accordingly, the Department should find that T-Mobile has established that its entry into the Commonwealth's Lifeline market will significantly advance the public interest by providing
30 Annual Report and Analysis of Competitive Market Conditions With Respect to Mobile Wireless, Including Commercial Mobile Services, 2011 FCC LEXIS 2636, Chart 48 (2011)(FCC Report). 31 See Exh. 1 at 16; see also RR 11. 32 In the Matter of Connect America Fund, Report and Order and Further Notice of Proposed Rulemaking, FCC 11-161, released November 18, 2011 ("USF/ICC Transformation Order"). 33 See Exh. IR 1-9; see also, Exh. 1 at 16-17.
7 increased customer choice, affordability, and access to a company committed to quality of
service. See Virgin Mobile ETC Order at 10.
IV. T-MOBILE ESTABLISHED THAT IT MEETS ALL STATUTORY AND REGULATORY REQUIRMENTS FOR ELIGIBLE TELECOMMUICATIONS CARRIER DESIGNATION
A. T-Mobile Is a Common Carrier
T-Mobile has demonstrated that it is Commercial Mobile Radio Service ("CMRS") provider, and therefore is a common carrier subject to all applicable regulations. 34 Accordingly, the Department should find that T-Mobile meets the requirement of being a common carrier for purposes of ETC designation pursuant to 47 U.S.0 214(e)(1) and 47 C.F.R. § 54.201(d).
B. T-Mobile Will Provide All of the Supported Services in its Lifeline Offerings
The USF/ICC Reconsideration Order revised the definition of the "voice telephony 35 service" eligible for federal universal service support. T-Mobile's proposed Lifeline service offerings include the voice telephony service as defined by the FCC's revised rule at 47 C.F.R.
§54.101(a).36 Moreover, even though the FCC has eliminated certain services and functionalities, T-Mobile continues to provide all of the services and functionalities originally required by the FCC's rules and Commission regulations. 37 Accordingly, the Department should find that T-Mobile's Lifeline offerings will provide all of the supported services in compliance with 47 C.F.R. §54.101(a).
C. T-Mobile Will Use Its Own Facilities to Provide Lifeline Service and All of the Supported Services Throughout Its Designated Service Area
Upon Department approval, T-Mobile is prepared to immediately provide Lifeline service, including all supported services, to customers in its ETC designated service area
34 Exh. 1 at 5; Tr. at 13:15-19. 35 47 C.F.R. §54.101(a); USF/ICC Reconsideration Order, App. at 9. 36 Exh. 1 at 6. 37 Id.; Tr. at 13:20-14:3.
8
throughout the Commonwealth. 38 T-Mobile has established that it is a facilities-based carrier
with its own switching, cell sites and network facilities in the Commonwealth. 39 Accordingly,
the Department should find that the Company will use its own extensive network facilities
throughout its ETC designated service area in the Commonwealth to provide Lifeline services to
consumers in compliance with 47 C.F.R. §54.201(d).
D. T-Mobile Will Advertise the Availability of Its Lifeline Offerings Using Media of General Distribution
T-Mobile will advertise the availability of, and charges for, its Lifeline service offerings
using media of general distribution, and will undertake outreach initiatives to increase consumer
awareness of T-Mobile's Lifeline service offering(s), consistent with all applicable requirements.
T-Mobile intends to advertise through various media outlets to include an appropriate mix of
radio, television, billboards, print, internet, and targeted mailings among other efforts. ° T-
Mobile will also distribute literature describing its Lifeline services to locations where those
likely to be eligible for the program(s) would encounter the information, such as hospitals,
clinics, hospices, senior centers, welfare offices, and other locations. 41 In addition, T-Mobile has
committed to comply with all disclosures required by the Lifeline Reform Order at ¶275 and the
Federal Truth and Billing requirements, 42 as well as include the Department's contact
information for consumer complaints in its Lifeline marketing materials. 43
Accordingly, the Department should find that T-Mobile will advertise the availability of
its Lifeline offering(s) using media of general distribution in compliance with 47 C.F.R.
§54.201(d)(2) and 47 C.F.R. §54.405.
28 Exh. IR 1-17; see Exh. 1 at 7 and Exhs. A and B; see also Tr. 16:3-11. 29 Exh. 1 at 7; Exh. 1-29 and Exh G; Exh. IR 1-28 (Confidential); Exh. IR 1-28 (Supp.) (Confidential) and Exh. H ( Confidential); Tr. at 14:7-10. 49 See Exh. 1 at 7-8; see also Exh. IR 1-15(a). 41 Tr. at 118:13-119:2. 42 Exh. IR 1-15(b) and (e). 43 Exh. IR 1-20; see RR-9(a).
9 E. T-Mobile Meets the Additional Requirements for Designation as an ETC
1. T-Mobile Has Demonstrated Compliance With Applicable Service Requirements
T-Mobile will "comply with the service requirements applicable to the support that it receives," consistent with 47 C.F.R. § 54.202(a)(1)(i). 44 As a Lifeline only provider, T-Mobile will be eligible to receive only Lifeline support, which is subject to the service requirements estblished in the FCC rules, 47 C.F.R. §§ 54.400 — 54.422, FCC orders governing the provision of Lifeline service, and Department rules, orders, and conditions imposed on Lifeline service providers that remain applicable and consistent with the revised federal rules. Consequently, T-
Mobile meets the requirement to comply with the requirements governing the receipt of Lifeline support.
2. T-Mobile Has Demonstrated Its Ability to Function in Emergency Situations
T-Mobile certified, in compliance with revised 47 C.F.R. § 54.202(a)(2), that the
Company has the ability to remain functional in emergency situations in Massachusetts, as 45 specficied in its Emergency Operation Plan. T-Mobile established that it is able to remain functional in an emergency situation by employing back-up power to ensure a functioning network and network redundancy for re-routing traffic. Specifically, T-Mobile has fixed and portable back-up power generators located at and/or are able to be deployed to various network locations thorughout the Commonwealth for emergency situations. T-Mobile cell sites have battery back-up systems installed to maintain service in the event of a widespread commerical power outage. T-Mobile also has the ability to reroute traffic around damaged out-of-service facilities either through the deployment of regionally available cell-on-wheels ("COWS"),
44 See Tr. at 15:2-10. 45 Exh. IR 1-18.
10 redundant facilities, and dynamic rerouting of traffic over alternate facilities. In addition, T-
Mobile has a network control center that monitors network traffic and anticipates traffic spikes and can (i) deploy network facilities to accommodate capacity needs; (ii) change call routing translations; and (iii) deploy COWS to temporarily meet traffic needs until more durable solutions, such as additional capacity and antenna towers, can be deployed. 46 T-Mobile coordinates with various state and local agencies in emergency situations. 47 T-Mobile also maintains an extensive Business Continuity Program that consists of a number of professionals responsible for documenting and developing enterprise standards, processes, and policies for all business continuity planning and defines enterprise tools and methodologies. 48 Consequently, T-
Mobile has demonstrated its ability to function in emergency situations in compliance with 47
C.F.R. § 54.202(a)(2).
3. T-Mobile Has Demonstrated That It Will Satisfy All Consumer Protection and Service Quality Standards
T-Mobile is a strong supporter of and abides by the CTIA-The Wireless Association's®
Consumer Code for Wireless Service ("Consumer Code"). T-Mobile has been a signatory of the
Consumer Code since 2003 and commits to complying with the applicable consumer protection requirements. 49 T-Mobile was the only U.S. Wireless telecommuications service provider recognized in 2011 and 2012 as one of the World's Most Ethical Companies by the Ehtisphere
Institute. The Company was also recently recognized by the FCC Bill Shock website as the first national wireless provider to provide consumer alerts in each of its listed categories." In addition, T-Mobile has committed to: include the Department's contact information for consumer complaints in its marketing material; report consumer complaints to the Department
46 Exh. 1 at Exh. C; see RR 10. 47 RR 10. 48 See Exh. 1 at Exh. C. 49 See Exh. 1 at Exh. D. 5° Exh. IR 1-21(a).
11 relating to T-Mobile Lifeline services; and participate in dispute resolutions by the Department's
Consumer Division relating to certain Lifeline services. 51 Accordingly, T-Mobile maintains a strong commitment to the consumer protection and service quality standards, including those required in 47 C.F.R. § 54.202(a)(3).
4. T-Mobile Has Demonstrated Its Financial and Technical Capability To Provide Lifeline Service
In the Lifeline Reform Order, the FCC "amend[ed] sections 54.201 and 54.202 of our rules, which govern ETC designations by states and this Commission, respectively, to require a carrier seeking designation as a Lifeline-only ETC to demonstrate that it is financially and technically capable of providing the supported Lifeline service in compliance with all of the low- income program rules." 52 T-Mobile certified that it is a well-established facilities-based wireless telecommunications carrier with a long history of providing service in the Commonwealth to non-Lifeline consumers and does not rely exclusively on USF disbursements, having never received such disbursements for Massachusetts in the past. T-Mobile receives almost all its revenue from non-USF sources, is currently a Lifeline service provider in numerous states, and has not been subject to ETC enforcement or revocation proceedings in any state. 53 In addition:
T-Mobile is a national provider of wireless voice, messaging, and data services capable of reaching over 293 million Americans; T-Mobile employs approximately 30,000+ individuals nationwide, including more than 500 within the Commonwealth of Massachusetts; T-Mobile had approximately 33.4 million mobile customers nationwide at the end of 1Q 2012; and T-Mobile
51 Exh. IR 1-20, Exh. IR 1-21(b). 52 Lifeline Reform Order, I 387; see id. App. A (adding subsection (h) to 47 C.F.R. § 54.201, which states: "state commission shall not designate a common carrier as an eligible telecommunications carrier for purposes of receiving support only under subpart E of this part unless the carrier seeking such designation has demonstrated that it is financially and technically capable of providing the supported Lifeline service in compliance with subpart E of this part."). The FCC explained: "Among the relevant considerations for such a showing would be whether the applicant previously offered services to non-Lifeline consumers, how long it has been in business, whether the applicant intends to rely exclusively on USF disbursements to operate, whether the applicant receives or will receive revenue from other sources, and whether it has been subject to enforcement action or ETC revocation proceedings in any state. " Lifeline Reform Order,li 388. " Exh. IR 32(a).
12 has deployed an advanced telecommunications network capable of serving consumers' basic and advanced communications needs. 54 Moreover, multiple independent research studies have acknowldeged T-Mobile's commitment to quality of service. 55 Accordingly, T-Mobile has demonstrated that it is financially and technically capable of providing Lifeline service in compliance with all applicable requirements established in the Lifeline Reform Order and 47
C.F.R. § 54.202(a)(4).
5. T-Mobile Has Provided, and Will Continue to Provide, Information on Its Lifeline Service Offering
Consistent with 47 C.F.R. § 54.202(a)(5), T-Mobile has provided information regarding its Lifeline offerings, including "the terms and conditions of any voice telephony service plans offered to Lifeline subscribers, including details on the number of minutes provided as part of the plan, additional charges, if any, for toll calls, and rates for each such plan." 56 In addition, consistent with the conditions imposed in the Department's Virgin Mobile ETC Order, 57 T-
Mobile has committed to notify the Department of any future changes to its rates, terms, or conditions. 58
Accordingly, the Department should find the record evidence clearly demonstrates that T-
Mobile meets the additional requirments for ETC designation in compliance with 47 C.F.R. §
54.202(a)(1)-(5).
54 See Exh. 1 at 2. 55 See Exh. 1 at 8-9; see also Exh. IR 1-21(a). 56 Exh 1 at 12-13; Exh. IR-1-6; Exh. IR 1-7 and Exh. C; Exh. IR 1-11 and Exh. D; Exh. IR 1-13, Exh. IR 1-14; RR 6, RR 7, RR 14. 57 Virgin Mobile ETC Order at 16. 58 Exh. IR 1-6(b).
13 F. T-Mobile Will Comply With All Applicable Reporting and On-Going Operational Requirements
1. Federal Communications Commission Requirements
The Lifeline Reform Order modified or created several operational and compliance requirements for Lifeline providers. These include: establishing a uniform $9.25 per month federal reimbursement amount of lifeline discounts provided to eligible low-income consumers; requiring certain disclosures in Lifeline advertising and outreach; and changes to (i) the process for determining eligibility of low-income consumers for Lifeline service, (ii) verification of ongoing eligibility of Lifeline customers, and (iii) reporting and compliance obligations of
Lifeline providers. 59 These provisions do not affect a carrier's eligibility for ETC designation.
However, as explained below, T-Mobile has demonstrated its continuing ability and commitment to comply with all applicable requirements.
As previously noted, T-Mobile's planned Lifeline service offering has not changed based on these modifications and additions. While the Lifeline Reform Order did change the amount of federal support available to a carrier offering Lifeline service to $9.25 per line per month, T-
Mobile remains committed to offering eligible low-income consumers a $10.00 per month
Lifeline discount on applicable rate plans. 6°
T-Mobile has thoroughly reviewed the Lifeline Reform Order's newly-adopted requirements relating to advertising, eligibility and reporting. T-Mobile is a well-established universal service provider operating in multiple states with a comprehensive compliance program in place to address all existing and future requirements, and the Company will
59 See Lifeline Reform Order. Exh. IR 1-6(a); Tr. at 37:15-23. In the future, T-Mobile may revise the Lifeline discount to match the federal reimbursement amount, but only after notifying the Commission of any such change.
14 implement the internal controls and processes necessary to ensure compliance with the FCC's final rules and any subsequent FCC orders. 61
The Lifeline Reform Order modifies the Lifeline service provisioning requirements in several ways, including: (1) establishing uniform federal eligibility criteria, allowing states to augment with additional eligibility criteria that do not conflict with the federal criteria; (2) clarifying the one-Lifeline-service-per-household rule and defining household to be an economic unit; (3) establishing objective and initial requirements related to carrier participation in a
National Lifeline Accountability Database to mitigate issues of duplicative service; (4) establishing an objective of a national database for eligibility determination by the end of 2013 for the most common eligibility programs; (5) requiring ETCs to access state eligibility databases where available; (6) requiring ETCs to review documentation of eligibility for all
Lifeline subscribers; and (7) establishing new customer certifications and consumer application requirements to ensure consumer compliance with all applicable rules. 62
In this proceeding, T-Mobile certified that it will comply with all of the subscriber eligibility requirements and certifications established in Lifeline Reform Order and 47 C.F.R
54.410(a)-(f) and implement policies and procedures for ensuring that T-Mobile's Lifeline subscribers are eligible to receive Lifeline services. 63 Specifically,
a) T-Mobile will ensure that only consumers meeting the federal eligibility criteria are
able to receive Lifeline service, unless, of course, the Department adds eligibility
criteria that do not conflict with the federal eligibility criteria. 64
61 See Exh. 1 at 11; see also Exh. IR 1-22; Exh IR 1-23; Exh. IR 1-24; Exh. IR 1-26; Tr. 27:13-28:3. T-Mobile notes that the Lifeline Reform Order is subject to petitions for reconsideration and/or clarification. 62 See Lifeline Reform Order.
63 Exh. IR 1 - 26. 64 Id.
15 b) T-Mobile will take the steps necessary to (a) review its own records to ensure that
Lifeline service is only received by one member per household based on the new
definition of household; (b) participate in and share data with the anticipated national
Lifeline accountability database, when developed, to confirm that it is not providing
Lifeline discounts to a household that is already receiving Lifeline service and so
that other carriers can determine if T-Mobile already provides Lifeline service to a
given household; and (c) ensure that it collects and retains all necessary information
and certifications related to administering the one-per-household rule, including
utilizing the newly available household worksheet recently published by the
Universal Service Administrative Company ("USAC") in either its current or a
substantially similar form.65
c) T-Mobile will participate in and comply with the requirements of the anticipated
national database for eligibility determination. 66
d) T-Mobile will access state eligibility databases where available. It is T-Mobile's
understanding that the Commonwealth of Massachusetts does not currently maintain
a carrier accessible database of low-income consumers who would qualify for
Lifeline benefits. To the extent that is not correct or that this changes, T-Mobile
commits to taking steps to access any such database that the state may have or
develop in the future. 67
e) T-Mobile will request from a Lifeline applicant documentation demonstrating: (a)
eligibility to participate in one of the programs that make consumers eligible to
receive Lifeline benefits; and/or (b) eligibility based on the appropriate income
65 Id.; see IR 1-22 and Exh. F. Exh. IR 1-26. 67 Id.
16 threshold. T-Mobile will review such documentation for each Lifeline applicant as
required. 68
f) T-Mobile will implement Lifeline application documentation and tools that include
all acknowledgements, certifications and attestations required in Appendix C of the
Lifeline Reform Order, as outlined therein or via guidance provided by the program
administrator. T -Mobile commits to providing the Commission an advance copy of
such updated materials demonstrating compliance. 69
In the Lifeline Reform Order, the FCC now requires ETCs to annually verify the
continued eligibility of all Lifeline customers consistent with applicable
requirements. The Lifeline Reform Order additionally requires carriers to include
specific certifications in its annual notice and certification form. Accordingly, T-
Mobile commits to annually verify the continued eligibility of all of its Lifeline
subscribers and to include in each certification request the required
acknowledgements, certifications and attestations required in Appendix C of the
Lifeline Reform Order as outlined therein or via guidance provided by the program
administrator."
2. Massachusetts Department of Telecommunication and Cable Requirements
In addition to the FCC requirements, T-Mobile has demonstrated that it will comply with all applicable reporting and operational requirements imposed on other ETCs by the
Department,71 including: (1) providing quarterly reports as applicable to customers terminated
68 Id.
69 Id 70 Exit. IR 1-23. 71 Exh. 1 at 10-11; Tr. 22:15- 23:1; Tr. at 27:19-28:3. T-Mobile commits to comply with the requirements imposed by the Department in the Virgin Mobile ETC Order as modified by the Lifeline Reform Order.
17 for inactivity; 72 (2) providing Lifeline consumer complaints to Department and agreeing to participate in dispute resolution by Department's Consumer Division for disputes involving
Lifeline-related issues; 73 (3) filing its applicable Terms and Conditions of Lifeline service with
Department within 60 days of approval of this Petition and notify the Department of all modifications to offerings; 74 and (4) including the Department's consumer complaint contact information in all Lifeline marketing materials. 75
Accordingly, the Department should find that T-Mobile will comply with all applicable reporting and on-going operational requirements consistent with the Lifeline Reform Order, all applicable FCC requirements, and the Department's previous Orders that remain consistent with revised federal rules.
G. T-Mobile Will Take Additional Steps To Prevent Waste, Fraud and Abuse
When the FCC adopted the Lifeline Reform Order, it was designed to:
...substantially strengthen protections against waste, fraud, and abuse; improve program administration and accountability; improve enrollment and consumer disclosures; initiate modernization of the program for broadband; and constrain the growth of the program in order to reduce the burden on all who contribute to the Universal Service Fund. 76
To that end, T-Mobile will implement all applicable internal controls and process to comply with the FCC's rules and orders. 77 Further, T-Mobile will continue to take steps to protect against fraud, waste and abuse in connection with its Lifeline services and consistent with all applicable conditions.78
72 See Tr. 112:2-113-18. 73 Exh. IR 1-20. 74 Exh. 1 at 10; Tr. at 16:12-20. 75 Exh. 1 at 11; Exh. IR 1-20; RR 9(a). 76 Lifeline Reform Order at ¶ 1. 77 See Section IV.F, supra. 78 See Exh 1 at 11-12; see also Exh. IR 1-16; Exh. IR 1-22 and Exh. F; Tr. at 22:15-23:1.
18 Accordingly, the Department should find that T-Mobile will continue to implement measures to address fraud, waste and abuse within the system in accordance with the Lifeline
Reform Order and all applicable FCC and Department requirements.
V. CONCLUSION
WHEREFORE, on the basis of the complete record in this matter, T-Mobile respectfully requests that the Department expeditiously: (i) designate T-Mobile as an ETC for the limited purpose of offering Lifeline services and receiving federal Lifeline support for providing service to qualified low-income consumers in T-Mobile's Designated Service Area within the
Commonwealth of Massachusetts; (ii) send the appropriate notice of the Order designating T-
Mobile as an ETC to the FCC and the USAC; and (iii) order such other relief as may be appropriate.
Respectfully submitted,
T-MOBILE NORTHEAST LLC
By attorne
Paul G. AJ. fl5o Amy I. Tierney Brown Rudnick LLP One Financial Center Boston, MA 02111 Tel: 617.856.8200 Fax: 617.856.8201
Michele Thomas Principal Corporate Counsel — State Regulatory T-Mobile USA, Inc. 4 Sylvan Way Parsippany, NJ 07054 Tel: 973-451-8399 Fax: 866-836-6868
June 1, 2012
19 DEPARTMENT OF TELECOMMUNICATIONS AND CABLE RECORD REQUESTS
T-MOBILE NORTHEAST LLC D.T.C. 12-4 REDACTED Person(s) Responsible for Answer: Rhonda Thomas Date Filed: June 1, 2012
Record Request 1
Please provide a current list of all T-Mobile state and federal ETC Orders and pending ETC applications.
Response
See list of pending and approved ETC proceedings, attached as Exhibit A. DEPARTMENT OF TELECOMMUNICATIONS AND CABLE RECORD REQUESTS
T-MOBILE NORTHEAST LLC D.T.C. 12-4
Person(s) Responsible for Answer: Rhonda Thomas Date Filed: June 1, 2012
Record Request 2
How long in advance of the expiration of allotted minutes to do Lifeline subscribers receive notification alerts under T-Mobile's $19.99 plan.
Response
In accordance with the 2011 amendments to the CTIA-The Wireless Association's@ Voluntary Consumer Code for Wireless Service ("Consumer Code") that requires carriers to implement free proactive notifications, including notice to customers that are approaching or have exceeded their allotment of minutes, T-Mobile has taken steps to timely implement such notifications and additional information related to same is available at http://www.fcc.gov/encyclopedia/bill-shock-wireless-usage-alerts-consumers . Unfortunately, T- Mobile is not yet able to provide notifications to Lifeline customers that are nearing or have exceeded their included allotment of minutes. T-Mobile is taking steps to ensure such notifications are timely implemented as necessary in order to comply with the Consumer Code.
However, it is important to note that T-Mobile Lifeline customers already have the ability to check their minutes used any time, directly from their handset, by dialing #MIN# (#646#). This feature is provided free of charge. Additionally, T-Mobile Lifeline customers on the $19.99 Lifeline plan who exceed their included minutes are allowed to use additional minutes 'on demand' and are charged a significantly reduced overage rate, set at $0.05 per minute, if they exceed their calling plan included minutes. T-Mobile does not require its Lifeline customers to take any additional steps to 'extend' the minutes available for use. The on demand usage with a significantly reduced overage rate that T-Mobile offers allows customers who might need extra calling time during the course of the month to immediately access much needed voice service, as opposed to curtailing all voice services until additional minutes are purchased at an often variable rate. DEPARTMENT OF TELECOMMUNICATIONS AND CABLE RECORD REQUESTS
T-MOBILE NORTHEAST LLC D.T.C. 12-4
Person(s) Responsible for Answer: Rhonda Thomas Date Filed: June 1, 2012
Record Request 3
Please provide a list of all handsets available to Lifeline customers under all plans T-Mobile intends to rollout in Massachusetts over the next 12 months. Further, please identify the costs and fees associated with each phone.
Response
T-Mobile makes available to its Lifeline qualified subscribers the same handsets it currently offers to all consumers. A list of handsets available as of 5/30/2012 is attached as Exhibit B. T-Mobile Lifeline customers may also provide and use their own properly functioning handset that is unlocked and compatible with T-Mobile's Global System for Mobile ("GSM") communications on the T-Mobile network. DEPARTMENT OF TELECOMMUNICATIONS AND CABLE RECORD REQUESTS
T-MOBILE NORTHEAST LLC D.T.C. 12-4
Person(s) Responsible for Answer: Rhonda Thomas Date Filed: June 1, 2012
Record Request 4
Was the Federal Communications Commission (F.C.C.) put on notice of the $200 Early Termination Fee and one year contract provision in T-Mobile's $19.99 Lifeline offering when the F.C.C. approved the service offering in the North Carolina ETC proceeding?
Response
Attached as Exhibit C, please find the original petition for ETC designation filed at the FCC by T-Mobile's predecessor—SunCom—in North Carolina. That petition does not make a specific reference to an Early Termination Fee or one-year contract provision related to the T-Mobile $19.99 Lifeline offering. However, it is important to note that FCC rules that were then applicable did not require notice of the details of terms and conditions of service for any particular Lifeline plan or service offering.
As amended, 47 C.F.R. § 54.202(a)(5) requires carriers to "submit information describing the terms and conditions of any voice telephony service plans offered to Lifeline subscribers, including details on the number of minutes provided as part of the plan, additional charges, if any, for toll calls, and rates for each such plan. To the extent the eligible telecommunications carrier offers plans to Lifeline subscribers that are generally available to the public, it may provide summary information regarding such plans, such as a link to a public website outlining the terms and conditions of such plans." T-Mobile has provided the information required. And although notice of details regarding the application of more general terms and conditions of service are not required by Federal law, T-Mobile has included, as requested, a list of currently available rate plans, including various details related to the term of the contract, the assessment of taxes, fees and surcharges, and the application of T-Mobile's terms and conditions. DEPARTMENT OF TELECOMMUNICATIONS AND CABLE RECORD REQUESTS
T-MOBILE NORTHEAST LLC D.T.C. 12-4
Person(s) Responsible for Answer: Rhonda Thomas Date Filed: June 1, 2012
Record Request 5
How much does T-Mobile charge a Lifeline subscriber for a SIM card or SIM card activation?
Response
T-Mobile offers it new qualifying low income consumers activating their own properly functioning handset that is unlocked and compatible with T-Mobile's GSM network a SIM card for free. T-Mobile does not charge customers for activating a SIM card. Customers, including Lifeline customers, who require a replacement SIM card due to technical issues are provided one at no charge. Customers that require a replacement SIM card due to a non-technical issue, for example a lost/stolen handset, may be charged $20 plus tax.
5 DEPARTMENT OF TELECOMMUNICATIONS AND CABLE RECORD REQUESTS
T-MOBILE NORTHEAST LLC D.T.C. 12-4
Person(s) Responsible for Answer: Rhonda Thomas Date Filed: June 1, 2012
Record Request 6
Please identify any late fees and/or reactivation fees imposed on Lifeline customers in Massachusetts. Further, explain in what circumstances such fees will be imposed on Lifeline customers.
Response
T-Mobile charges Lifeline and non-Lifeline postpaid customers a late payment fee equal to the greater of $5.00 or 1.5%, to the extent allowed by law. In Massachusetts, payments are considered late for the purposes of calculating late fees if the payment is not received within ten (10) days of the payment due date. Lifeline customers are subject to a late payment fee if they fail to make payment as required. Customer accounts that are suspended for failure to make payment will be charged a reinstatement fee of $20.00 for reactivating the account. These steps, as well as all other steps in the customer payment process, are detailed in T- Mobile's terms and conditions.
6 DEPARTMENT OF TELECOMMUNICATIONS AND CABLE RECORD REQUESTS
T-MOBILE NORTHEAST LLC D.T.C. 12-4
Person(s) Responsible for Answer: Rhonda Thomas Date Filed: June 1, 2012
Record Request 7
Please explain T-Mobile's policy for termination of Lifeline service for failure to pay. Please describe how such policies are disclosed to Lifeline subscribers and T-Mobile's notification procedures for failure to pay. Additionally, please identify any differences between these policies for Lifeline and non-Lifeline customers.
Response
The customer will enter collections treatment after two months of non-payment. Within the first six days of collections treatment, the customer will receive three text messages notifying him or her of non-payment. Following this first six days of collections treatment, the account is partially suspended, meaning the customer can receive calls and text messages, but cannot make outgoing calls or texts. On day 24 of collections treatment, the customer is fully suspended. At day 27 of collections treatment, a pre-cancellation letter is sent to customer notifying him or her that the account will be cancelled. At day 66 of collections treatment, the customer's account is cancelled. T-Mobile charges a $20 fee, in addition to payment in full of any outstanding balance, to restore an account to active from suspend at any point before the account is cancelled. These procedures are substantially the same for similarly situated customers.
7 DEPARTMENT OF TELECOMMUNICATIONS AND CABLE RECORD REQUESTS
T-MOBILE NORTHEAST LLC D.T.C. 12-4
Person(s) Responsible for Answer: Rhonda Thomas Date Filed: June 1, 2012
Record Request 8
Referencing the T-Mobile service offerings identified in Exhibit D and Exhibit D (Supp.) to the T-Mobile's Objections and Responses to the Departments First Set Of Information Requests, please identify which plan offerings T-Mobile foresees rolling out in Massachusetts in the next 12 months.
Response
See attached list of plan offerings, attached as Exhibit D.
8 DEPARTMENT OF TELECOMMUNICATIONS AND CABLE RECORD REQUESTS
T-MOBILE NORTHEAST LLC D.T.C. 12-4
Person(s) Responsible for Answer: Rhonda Thomas Date Filed: June 1, 2012
Record Request 9
(a) Please submit a representation of the advertising that T-Mobile plans to distribute to Lifeline customers in Massachusetts, including notice to subscribers of the dispute resolution procedures of the Department's Consumer Division described in Ex. IR-20.
(b) Does T-Mobile intend to modify its service offering's Terms and Conditions to reflect the dispute resolution procedures of the Department's Consumer Division described in Ex. IR-20?
Response
(a) A copy of the draft advertising that T-Mobile uses in Georgia is attached as Exhibit E. The advertising that T-Mobile will use in Massachusetts will be substantially similar and will include the notice of dispute resolution procedures as required. The notice of the dispute resolution procedures that T-Mobile intends to use will be substantially similar to the following: Consumers with concerns or disputes regarding T-Mobile's Lifeline eligibility determinations, the Lifeline rate or service offering, or equipment pricing and availability for use with T-Mobile's Lifeline service may contact the Department of Telecommunications and Cable Consumer Protection Division at 1-800-392-6066 or by visiting [email protected] for assistance in resolving their concerns.
(b) T-Mobile will include notice of the Lifeline dispute resolution procedures as required in its Lifeline advertising, in the Lifeline customer application form, and in any Lifeline specific Terms and Conditions. A copy of T-Mobile's Lifeline application form is attached as Exhibit F.
9 DEPARTMENT OF TELECOMMUNICATIONS AND CABLE RECORD REQUESTS T-MOBILE NORTHEAST LLC REDACTED D.T.C. 12-4
Person(s) Responsible for Answer: Gene DeJordy Date Filed: June 1, 2012
Record Request 10
(a) What is the location of T-Mobile's closest cell-on-wheels (COWs) to Massachusetts?
(b) How quickly can a COWs be deployed to Massachusetts?
(c) Please confirm how many hours of back-up power the fixed generators in Massachusetts can provide
(d) Please describe T-Mobile's policy for deploying COWs in New England and prioritizing cell site restoration.
(e) Please identify which state or municipal agencies T-Mobile works with during Massachusetts emergency situations.
Response
(a) T-Mo ile has capable o deployment throug out its network and where feasible in the Commonwealth. T-Mobile will thus be able to respond to emergencies in Massachusetts rapidly and effectively as is consistent with T-Mobile's Emergency Operations Plan and required by 47 § CFR 54.202(a)(2).
(b) T-Mobile's COWs can be deployed as feasible within several hours. Once COWs are located in the affected area, they require a set-up time of two hours before they are fully operational.
(c)
10 DEPARTMENT OF TELECOMMUNICATIONS AND CABLE RECORD REQUESTS
T-MOBILE NORTHEAST LLC D.T.C. 12-4
(d) T-Mobile's emergency policy is to prioritize service and restoration for major evacuation routes, hospitals, air ports and port facilities. This policy ensures the safety and security of Massachusetts citizens by providing important communication and information sharing in the event of an emergency.
(e) T-Mobile has and will continue to work closely with the Massachusetts Emergency Management Agency (MEMA) to provide vital service before, during and after an emergency. DEPARTMENT OF TELECOMMUNICATIONS AND CABLE RECORD REQUESTS T-MOBILE NORTHEAST LLC REDACTED D.T.C. 12-4
Person(s) Responsible for Answer: Gene DeJordy Date Filed: June 1, 2012
Record Request 11
Please describe T-Mobile's plans for capital expenditures in Massachusetts for 2012.
Fise DEPARTMENT OF TELECOMMUNICATIONS AND CABLE RECORD REQUESTS
T-MOBILE NORTHEAST LLC D.T.C. 12-4
Person(s) Responsible for Answer: Gene DeJordy Date Filed: June 1, 2012
Record Request 12
(a) Does T-Mobile comply with Massachusetts E911 Surcharge?
(b) If so, how is that Surcharge paid?
Response
(a) T-Mobile pays and is current in its remittance of Massachusetts E911 surcharges.
(b) T-Mobile remits payment of the Massachusetts E911 surcharges as collected from end users who are charged the allowable E911 surcharge as a separate line item on their billing statement.
13 DEPARTMENT OF TELECOMMUNICATIONS AND CABLE RECORD REQUESTS
T-MOBILE NORTHEAST LLC D.T.C. 12-4
Person(s) Responsible for Answer: Rhonda Thomas Date Filed: June 1, 2012
Record Request 13
Referencing Ex. IR 1-2, please clarify if T-Mobile has any outstanding disputed tax liabilities pending before the Commonwealth of Massachusetts.
Response
T-Mobile has filed property tax appeals on excessive values in approximately twenty jurisdictions in Massachusetts, which are currently in the process of negotiations with the taxing authority. However, it is important to note that T-Mobile has paid the disputed amounts under protest. Otherwise, T-Mobile believes that it has no other outstanding disputed tax liabilities pending before the Commonwealth of Massachusetts.
14 DEPARTMENT OF TELECOMMUNICATIONS AND CABLE RECORD REQUESTS
T-MOBILE NORTHEAST LLC D.T.C. 12-4
Person(s) Responsible for Answer: Rhonda Thomas Date Filed: June 1, 2012
Record Request 14
Please describe T-Mobile's Directory Assistance policies for Lifeline customers in Massachusetts, including, cost and services provided.
Response
T-Mobile's directory assistance service is available to T-Mobile Lifeline (and other non-Lifeline) subscribers for an additional charge of $1.99 per call, and includes some of the following features:
In most markets, the Directory Assistance operator automatically connects the customer to the requested number located in the U.S. • Canadian listings are available through Directory Assistance. • Customers may request up to three directory services per call. Customers can get a variety of information, including, but not limited to: • Mobile numbers • Movie listings • Sports scores • Stock quotes • Horoscopes • Weather • Reverse look-ups (search by mobile number) • Restaurant reviews and recommendations • Category search (search for a type of business such as a hardware or grocery store)
These and other charges are described on the Company's website at: www.t-mobile.com .
60551288 vl-WorkSiteUS-026311/0009
15 Revised June 2012
T-Mobile ETC Proceedings High Cost Designations/Orders, Lifeline Only Proceedings, and Mobility Fund Proceedings
T-Mobile High Cost Designations/Orders
Florida Order Granting ETC Designation for T-Mobile, Order No. PSC 10-0478-PAA-TP, Docket No. 090510 (Fla. Pub. Serv. Comm’n, July 29, 2010).
Order Granting ETC Designation for T-Mobile, Order No. PSC-10-0475-PAA-TP, Docket No. 090507 (Fla. Pub. Serv. Comm’n, July 28, 2010).
Georgia Application of T-Mobile South LLC for designation as an Eligible Telecommunications Carrier pursuant to Section 214(e)(2) of the Communications Act of 1934, Docket No. 32967 (Ga. Pub. Serv. Comm’n, decided Feb. 10, 2012, adopted Nov 17, 2011).
Hawaii Application of T-Mobile West Corp. For Designation as an Eligible Telecommunications Carrier in the State of Hawaii, Docket No. 2010-0119 (Haw. Pub. Serv. Comm’n, Mar. 14, 2011).
Idaho Application of T-Mobile West Corp. for Designation as an Eligible Telecommunications Carrier, Case No. TMW-T-10-01, Order No. 32319 (Idaho Pub. Util. Comm’n, Aug. 9, 2011).
Kentucky Petition of T-Mobile Central LLC and Powertel/Memphis, Inc. For Designation as Eligible Telecommunications Carriers Pursuant to Section 214(E)(2) of the Communications Act of 1934, Case No. 2010-00050, (Ky. Pub. Serv, Comm’n, July 14, 2010).
Louisiana T-Mobile Central, LLC Ex Parte Application for Designation as an Eligible Telecommunications Carrier (ETC) for the purposes of receiving Universal Service Support for low income and rural service, Docket No. S-31865 (La. Pub. Serv. Comm’n, decided Oct. 12, 2011, adopted Dec. 8, 2011).
Minnesota Order Granting Petition for ETC Designation, T-Mobile, Docket # No. P-6856/M-11-123 (Minn. Pub. Serv. Comm’n, Sept. 27, 2011).
North Carolina (FCC Designation) In the Matter of High Cost Universal Service Support, Federal-State Joint Board on Universal Service, Order, FCC 08-122 (Fed. Comms. Comm’n, released May 1, 2008).
Washington In the Matter of the Petition of T-Mobile West Corporation For Designation as an Eligible Telecommunications Provider and a Temporary Partial Exemption from WAC 480-123-030(1)(g) and WAC 480-123-070(6), Docket UT-101060 (Wash. Util. and Transp. Comm’n, Oct, 14, 2010).
1
Revised June 2012
Puerto Rico Resolution and Order, Telecorp Communications, Inc., d/b/a AT&T Wireless, Case No. JRT-2003-SU- 0003 (P. R. Telecomms. Reg. Comm’n, September 10, 2003).
T-Mobile Pending High Cost Applications
Arizona Application of T-Mobile West Corp. Petition for Designation as an Eligible Telecommunications Carrier Pursuant to Section 214(e)(2) of the Communications Act of 1934, as amended, 47 U.S.C. § 214(e)(2), Docket No. T-20822A-11-0394 (Ariz. Corp. Comm’n, filed Oct. 26, 2011).
T-Mobile Lifeline Only Designations
Maryland T-Mobile Northeast LLC, Petition for Limited Designation as an Eligible Telecommunications Carrier for Purposes of Lifeline Support Only (ML#138167) Docket No. TE-10749 (Md. Pub. Serv. Comm’n order adopted May 9, 2012).
Michigan The Application of T-Mobile Central LLC for Limited Designation as an Eligible Telecommunications Carrier for the Purpose of Low Income Support Only, Case No. U-16942 (Mich. Pub. Serv. Comm’n, Order dated May 24, 2012).
Pennsylvania T-Mobile Northeast LLC, T-Mobile Central LLC, & VoiceStream Pittsburgh LP (T-Mobile) petition for Limited Designation as an Eligible Telecommunications Carrier for Purposes of Low Income Support only, Docket No. P-2011-2275748 (Penn. Pub. Util. Comm’n , Order dated May 24, 2012).
T-Mobile Pending Lifeline Only Applications State/Federal
Indiana T-Mobile Central LLC, Powertel/Memphis, Inc., Petition for Limited Designation as an Eligible Telecommunications Carrier For Purposes of Low Income Support Only, Cause No. 41052-ETC-61 (Ind. Util. Reg. Comm’n, filed on Dec 21, 2011).
Massachusetts T-Mobile Northeast LLC, Petition for Limited Designation as an Eligible Telecommunications Carrier for Purposes of Lifeline Support Only, Mass. Dept. Of Tele. and Cable, Docket No. 12-4 (Mass. Dept. of Pub. Util., filed March 7, 2012).
Mississippi Petition of T-Mobile South LLC for Designation as an Eligible Telecommunications Carrier for Purpose of Receiving Federal Universal Service Support, Second Amended Petition of T-Mobile South LLC and Powertel/Memphis, Inc. for Limited Designation as Eligible Telecommunications Carriers for the Purpose of Receiving Lifeline Support Only, Docket No. 2010-UA-431 (Miss. Pub. Serv. Comm’n, amendment filed April 10, 2012).
2
Revised June 2012
Missouri T-Mobile Central LLC, Petition for Limited Designation as an Eligible Telecommunications Carrier for Purposes of Low Income Support Only, Case No. RA-2012-0195 (Mo. Pub. Serv. Comm’n, filed on Dec, 22, 2011).
New Jersey In the Matter of the Application of T-Mobile Northeast LLC for Limited Designation as an Eligible Telecommunications Carrier For Purposes of Lifeline Support Only, Docket No. TO12030233 (N.J. Bd. of Pub. Util., filed on Mar. 12, 2012).
Ohio In the Matter of the Application of T-Mobile Central LLC, Petition for Designation as a Low-Income Competitive Eligible Telecommunications Carrier, Case No. 11 -5726-TP-UNC (filed Nov. 10, 2011).
In the Matter of the Application of Voice Stream Pittsburgh, Limited Partnership d/b/a T-Mobile Petition for Designation as a Low-Income Competitive Eligible Telecommunications Carrier, Case No. 11-5727- TP-UNC (Pub. Util. Comm’n of Ohio, filed Nov. 10, 2011).
Oregon T-Mobile West Corp.’s Application for Designation as an Eligible Telecommunications Carrier and Request for Supplemental Certification on Use of Funds, Docket No. UM 1511 (Oreg. Pub. Util. Comm’n, amendment filed April 20, 2012).
Federal (Alabama, Connecticut, Delaware, District of Columbia, New Hampshire, New York, Tennessee and Virginia) Petition of T-Mobile USA, Inc. for Designation as a Low-Income Eligible Telecommunications Carrier, WC Docket No. 09-197 (Federal Comms. Comm’n, filed Jan. 23, 2012).
T-Mobile Mobility Fund Designations/Orders
Kentucky Petition of T-Mobile Central LLC and Powertel/Memphis, Inc. for Conditional Designation as an Eligible Telecommunications Carrier for the purposes of establishing Eligibility to Participate in the Mobility Fund Phase I Auction on September 27, 2012 at the Federal Communications Commission and Request for Expedited Consideration, Case No. 2012-00135 (Ky. Pub. Serv. Comm’n, Order dated May 18, 2012).
Louisiana Application of T-Mobile South LLC, ex parte, In re: Application for Conditional Designation as Eligible Telecommunications Carriers for the purposes of establishing Eligibility to Participate in the Mobility Fund Phase I Auction on September 27, 2012 at the Federal Communications Commission and Request for Expedited Consideration, Docket No. S-32284 (La. Pub. Serv. Comm’n, Order adopted on May 24, 2012).
Minnesota Petition to Amend Designation as an Eligible Telecommunications Carrier on an Expedited Basis, Docket No. 11-123 (Minn. Pub. Util. Comm’n, decided May 11, 2012).
3
Revised June 2012
Texas Petition of T-Mobile West Corporation for Designation as an Eligible Telecommunications Carrier for the purposes of establishing Eligibility to Participate in the Mobility Fund Phase I Auction on September 27, 2012 at the Federal Communications Commission and Request for Expedited Consideration, Docket No. 40318 (Pub. Util. Comm’n of Texas, Order dated May 29, 2012).
T-Mobile Pending Mobility Fund Applications State/Federal
Arizona Petition of T-Mobile West Corporation for Conditional Designation as an Eligible Telecommunications Carrier for the purposes of establishing Eligibility to Participate in the Mobility Fund Phase I Auction on September 27, 2012 at the Federal Communications Commission and Request for Expedited Consideration, Docket No. T-20822A-12-0138 (Ariz. Corp. Comm’n, filed April 6, 2012).
Georgia Petition of T-Mobile South LLC for Conditional Designation as an Eligible Telecommunications Carrier for the purposes of establishing Eligibility to Participate in the Mobility Fund Phase I Auction on September 27, 2012 at the Federal Communications Commission and Request for Expedited Consideration, Docket No. 35715 (Ga. Pub. Serv. Comm’n, filed April 6, 2012).
Idaho Application of T-Mobile West Corporation for Designation as an Eligible Telecommunications Carrier for the purposes of establishing Eligibility to Participate in the Mobility Fund Phase I Auction on September 27, 2012 at the Federal Communications Commission and Request for Expedited Consideration, Case No. TMW-T-10-01 (Idaho Pub. Util. Comm’n, filed April 11, 2012).
Mississippi Petition of T-Mobile South LLC and Powertel/Memphis, Inc. for Conditional Designation as Eligible Telecommunications Carriers for the purposes of establishing Eligibility to Participate in the Mobility Fund Phase I Auction on September 27, 2012 at the Federal Communications Commission and Request for Expedited Consideration, Docket No. 12-UA-134 (Miss. Pub. Serv. Comm’n, filed April 10, 2012).
New Mexico Petition of T-Mobile West Corporation for Designation as an Eligible Telecommunications Carrier for the purposes of establishing Eligibility to Participate in the Mobility Fund Phase I Auction on September 27, 2012 at the Federal Communications Commission and Request for Expedited Consideration, Case No. 12-00097-UT (New Mex. Pub. Reg. Comm’n, filed April 4, 2012).
Ohio Joint Petition of T-Mobile Central LLC and Voicestream Pittsburgh, Limited Partnership, dba T-Mobile. for Conditional Designation as Eligible Telecommunications Carriers for the purposes of establishing Eligibility to Participate in the Mobility Fund Phase I Auction on September 27, 2012 at the Federal Communications Commission and Request for Expedited Consideration, Case Nos. 12-1 175-TP-UNC and 12-1 176-LTNC (Pub. Util. Comm’n of Ohio, filed April 6, 2012).
Pennsylvania Petition of T-Mobile Northeast LLC, T-Mobile Central LLC, and VoiceStream Pittsburgh LP for Conditional Designation as an Eligible Telecommunications Carrier in Areas Eligible for Federal Mobility Fund Phase I Support for the Purpose of Establishing Eligibility to Participate in the Mobility
4
Revised June 2012
Fund Phase I Auction on September 27, 2012 at the Federal Communications, Docket No. P-2102- 2297650 (Penn. Pub. Util. Comm’n, filed April 6, 2012).
Washington Petition of T-Mobile West Corporation for Conditional Designation as an Eligible Telecommunications Carrier for the purposes of establishing Eligibility to Participate in the Mobility Fund Phase I Auction on September 27, 2012 at the Federal Communications Commission and Request for Expedited Consideration, Docket No. UT-120512 (Wash. Util. and Transp. Comm’n, filed April 6, 2012).
Federal (Alabama, Florida, New Hampshire, New York, North Carolina, Tennessee and Virginia) Petition of T-Mobile For FCC Designation As An Eligible Telecommunications Carrier For Mobility Fund Phase I (Auction 901), WC Docket No. 09-197, WT Docket No. 10-208, AU Docket No. 12-25 (Federal Communications Commission, filed April 13 and 27, 2012). 60553346 v1-WorkSiteUS-026311/0009
5
List of Currently Available Handsets as of 5/30/2012
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No Contract Handsets LG Optimus T™ with Google™ - Black $179.99 LG Optimus T™ with Google™ - Titanium $179.99 Nokia Lumia 710 $349.99 Nokia X2 $79.99 Samsung Dart™ $149.99 Samsung Dart™ - Refurbished $99.99 Samsung Exhibit™ II 4G $329.99 Samsung Gravity® Smart - Lunar Grey $199.99 Samsung t139 $49.99 Samsung t369 $69.99 T-Mobile 665 $49.99 List of Currently Available Handsets as of 5/30/2012
T-Mobile Comet™ - Black Refurbished $99.99 T-Mobile® Prism™ $219.99 T-Mobile Sidekick® 4G $329.99 T-Mobile Sparq™ $59.99 T-Mobile® myTouch® Q $349.99 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554
In the Matter of ) ) Petition of SunCom Wireless, Inc. For Designation as an ) Eligible Telecommunications Carrier in Georgia, North ) Carolina, Tennessee, and Virginia ) ) ) Federal-State Joint Board on Universal Service ) CC Docket No. 96-45 )
PETITION OF SUNCOM WIRELESS, INC. FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER IN GEORGIA, NORTH CAROLINA, TENNESSEE, AND VIRGINIA
Charles Kallenbach Michele C. Farquhar Senior Vice President for Legal Affairs David L. Sieradzki SUNCOM WIRELESS, INC. Tarah S. Grant 1100 Cassatt Rd. HOGAN & HARTSON, L.L.P. Berwyn, PA 19312 555 – 13th St., NW (610) 722-4280 Washington, DC 20004 (202) 637-6462
Counsel for SunCom Wireless, Inc.
June 23, 2005
TABLE OF CONTENTS Page
I. INTRODUCTION AND SUMMARY...... 1 II. SUNCOM SATISFIES THE REQUIREMENTS FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER ...... 3 A. The State Commissions Have Determined That They Lack Authority to Designate CMRS Carriers As ETCs...... 3 B. SunCom Offers Each of the Services Supported by the Federal High-Cost Universal Service Program...... 5 1. Voice-Grade Access to the Public Switched Network...... 6 2. Local Usage...... 6 3. Dual-Tone Multi-Frequency (“DTMF”) Signaling, or Its Functional Equivalent...... 7 4. Single-Party Service or Its Functional Equivalent...... 7 5. Access to Emergency Services...... 7 6. Access to Operator Services...... 8 7. Access to Interexchange Service...... 8 8. Access to Directory Assistance...... 8 9. Toll Limitation for Qualifying Low-Income Consumers...... 8 C. SunCom Will Offer Supported Services Over a Combination of Its Own Facilities and Resale of Other Carrier’s Services...... 9 D. SunCom Will Advertise Its Universal Service Offering...... 9 III. SUNCOM REQUESTS DESIGNATION THROUGHOUT ITS PROPOSED “DESIGNATED ETC SERVICE AREA” IN GEORGIA, NORTH CAROLINA, TENNESSEE, AND VIRGINIA ...... 10 IV. GRANTING THIS PETITION WILL SERVE THE PUBLIC INTEREST...... 11 A. SunCom Satisfies the Commission’s Public Interest Standard...... 11 1. Benefits of Increased Competitive Choice...... 12 2. Impact of the Designation on the Fund...... 14 3. Unique Advantages of SunCom’s Service Offering...... 14 4. Commitments on Quality of Telecommunications Service...... 15 5. Ability to Serve Customers Within a Reasonable Time Frame...... 16 6. Creamskimming...... 17 B. SunCom Is Prepared to Demonstrate That It Satisfies the Recently-Adopted Additional Requirements for Commission Designation of ETCs Pursuant to Section 214(e)(6)...... 17 1. SunCom Commits to Provide Service Throughout Its Designated Area to All Customers Making a Reasonable Request...... 18
2. SunCom Plans to Use High-Cost Support to Improve Signal Quality, Coverage, and Capacity Over the Next Five Years...... 18 3. SunCom Can Remain Functional In Emergency Situations...... 19 4. SunCom Satisfies Applicable Consumer Protection and Service Quality Standards...... 20 5. SunCom Offers a Comparable Local Usage Plan...... 20 6. SunCom Acknowledges That It May Be Required To Provide Equal Access Under Certain Circumstances...... 21 C. Expeditious Grant of This Application is In the Public Interest...... 21 V. HIGH COST CERTIFICATION...... 22 VI. ANTI-DRUG ABUSE CERTIFICATION...... 22 CONCLUSION...... 23
iii
Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554
In the Matter of ) ) Petition of SunCom Wireless, Inc. For Designation as an ) Eligible Telecommunications Carrier in Georgia, North ) Carolina, Tennessee, and Virginia ) ) ) Federal-State Joint Board on Universal Service ) CC Docket No. 96-45 )
PETITION OF SUNCOM WIRELESS, INC. FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER IN GEORGIA, NORTH CAROLINA, TENNESSEE, AND VIRGINIA
SunCom Wireless, Inc. f/k/a Triton PCS, Inc. ( “SunCom”), pursuant to Section
214(e)(6) of the Communications Act of 1934, as amended (the “Act”), hereby submits this
Petition for Designation as an Eligible Telecommunications Carrier (“ETC”) throughout the proposed Designated ETC Service Area described herein, including areas served by both non-rural and rural incumbent local exchange carriers (“ILECs”), in the states of Georgia, North
Carolina, Tennessee, and Virginia. As demonstrated below, SunCom meets all of the requirements for designation as an ETC and SunCom’s designation will serve the public interest.
I. INTRODUCTION AND SUMMARY
SunCom is authorized to provide commercial mobile radio service (“CMRS”) over broadband personal communications service (“PCS”) and cellular licenses in Georgia,
South Carolina, North Carolina, Tennessee, and Virginia, as well as in Puerto Rico and the U.S.
Virgin Islands. 1/ SunCom intends to obtain high-cost universal service support funding throughout its licensed service area in the continental U.S., including areas served by both rural and non-rural ILECs, to speed the delivery of advanced wireless services to consumers in this area. SunCom is a common carrier, consistent with the definition in 47 U.S.C. §§ 153(10) and
332(c)(1), and the requirements of 47 U.S.C. § 214(e)(1). SunCom already is an ETC in Puerto
Rico, pursuant to designation by the Junta Reglamentadora de Telecomunicaciónes de Puerto
Rico (Telecommunications Regulatory Board).
SunCom currently provides all the services and functionalities supported by the
federal universal service program set forth in Section 54.101(a) of the Commission’s Rules
throughout the areas for which it seeks ETC designation in Georgia, North Carolina, Tennessee,
and Virginia. SunCom provides universal service to its PCS consumers over its existing wireless
network infrastructure using existing and soon-to-be-constructed antenna, cell-site, tower,
trunking, mobile switching, and interconnection facilities used by SunCom to serve its existing
PCS customers. Upon designation as an ETC, SunCom will accelerate its program of network construction and improvement, and will commit to making its universal service available within a reasonable time frame to all requesting customers in the area for which it proposes to be
1/ A list of SunCom’s licensed PCS service areas, by Basic Trading Area (“BTA”), is included in Exhibit A to this application. We note that SunCom has agreed to acquire Urban Comm-North Carolina, Inc., which will result in the assignment to SunCom of several additional BTA licenses in North Carolina and Virginia. See Public Notice, Urban Comm-North Carolina, Inc., SunCom Wireless, Inc., and Cellco Partnership Seek FCC Consent to the Transfer of Control and Assignment of Broadband PCS Licenses, WT Docket No. 05-169, DA 05-1042, 20 FCC Rcd 7652 (Wireless Telecom. Bur., released April 8, 2005). Once that assignment consummates, SunCom may seek to supplement this petition by adding additional geographic areas.
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designated. 2/ As discussed below, designating SunCom as an ETC will advance the public
interest.
II. SUNCOM SATISFIES THE REQUIREMENTS FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER
SunCom satisfies each of the elements required for ETC designation pursuant to
Section 214(e)(6) of the Act. 3/
A. The State Commissions Have Determined That They Lack Authority to Designate CMRS Carriers As ETCs.
In the Section 214(e)(6) Public Notice, the Commission established that a carrier
must demonstrate it is “not subject to the jurisdiction of a state commission” in order to petition
the Commission for designation as an ETC. In its Twelfth Report and Order, the Commission stated that where a carrier provides the Commission with an “affirmative statement” from the state commission or a court of competent jurisdiction that the state commission lacks jurisdiction to perform the designation, the Commission will consider requests filed pursuant to
214(e)(6).” 4/ In the Highland Cellular Order, the Commission affirmed that, where a state commission was “given the specific opportunity to address and resolve the issue of whether it has authority to regulate CMRS providers as a class of carriers” and determined generically that it has no such jurisdiction, subsequent wireless carriers need not seek individualized rulings from
2/ See infra Section III. See also Federal-State Joint Board on Universal Service; Western Wireless Corporation Petition for Preemption of an Order of the South Dakota Public Utilities Commission, 15 FCC Rcd 15168 (2000). 3/ Procedures for FCC Designation of Eligible Telecommunications Carriers Pursuant to Section 214(e)(6) of the Commissions Act, Public Notice, 12 FCC Rcd 22947 (1997) (“Section 214(e)(6) Public Notice”), citing 47 U.S.C. § 214(e)(6). 4/ Federal-State Joint Board on Universal Service; Promoting Deployment and Subscribership in Unserved and Underserved Areas, Including Tribal and Insular Areas, Twelfth Report and Order, 15 FCC Rcd 12208, 12265, ¶ 114 (2000) (“Twelfth Report and Order”).
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that state commission. 5/ In response to opportunities to address and resolve the question of whether they have jurisdiction over ETC applications by CMRS providers, the state commissions for each of the states subject to this application have issued generic rulings that they do not have jurisdiction to designate this class of carriers:
• Georgia. In a letter issued on July 2, 2003, the Georgia Public Service Commission stated that it “does not exercise jurisdiction over Commercial Mobile Radio Service providers for purposes of making determinations concerning eligibility for Eligible Telecommunications Carrier designation under 47 U.S.C. Section 214(e) and 47 C.F.R. Section 54.201 et seq.” 6/ • North Carolina. In two orders, issued respectively on June 24, 2003 and August 28, 2003, the North Carolina Utilities Commission stated that it “lacks jurisdiction over CMRS services and the appropriate venue for the designation of ETC status for such services is with the FCC.” 7/ • Tennessee. In an order issued on April 11, 2003, the Tennessee Regulatory Authority dismissed an application for ETC designation on the ground that the agency lacks jurisdiction over CMRS providers. 8/ • Virginia. On April 9, 2002, in the Application of Virginia Cellular, LLC, Case Number PUC010263, the Virginia State Corporation Commission found that “this Commission has not asserted jurisdiction over CMRS carriers and that the Applicant should apply to the FCC for ETC designation.”9/
5/ Federal-State Joint Board on Universal Service, Highland Cellular, Inc. Petition for Designation as an Eligible Telecommunications Carrier in the Commonwealth of Virginia, 19 FCC Rcd 6422, ¶¶ 13-14 (2004) (“Highland Cellular Order”).
6/ Letter from Robert B. Baker, Jr., Chairman, Georgia Public Service Commission, in response to letter filed by counsel for NPCR, Inc., d/b/a Nextel Partners (July 2, 2003) (attached hereto as Exhibit B-1). See also Federal-State Joint Board on Universal Service; Sprint Corp. Application for Designation as an Eligible Telecommunications Carrier in the States of Alabama, Florida, Georgia, New York, North Carolina, Tennessee, and Virginia, 19 FCC Rcd 22663, ¶ 9 (Wireless Telecom. Bur. 2004) (“Sprint ETC Order”). 7/ Designation of Carriers Eligible for Universal Carrier Support, Docket No. P-100, Sub 133c, Order Granting Petition, at 2 (N.C. Util. Comm’n June 24, 2003); Designation of Carriers Eligible for Universal Carrier Support, Docket No. P-100, Sub 133c, Order Granting Petition, at 2 (N.C. Util. Comm’n Aug. 28, 2003) (attached hereto as Exhibit B-2). See also Sprint ETC Order, ¶ 9. 8/ Application of Advantage Cellular Systems, Inc. To Be Designated As An Eligible Telecommunications Carrier, Order, Docket No. 02-01245, at 2-3 (Tenn. Regulatory Auth., April 11, 2003) (attached hereto as Exhibit B-3). See also Sprint ETC Order, ¶ 9. 9/ Application of Virginia Cellular Order, LLC for Designation As An Eligible Telecommunication Provider under 47 U.S.C. § 214(e)(2), Case No. PUC010263 at 4-5 (Virginia State Corporation Commission, April 9, 2002 (attached hereto as Exhibit B-4). See also Federal-State Joint Board on Universal Service; Virginia Cellular, LLC Petition for Designation as an Eligible Telecommunications Carrier in the Commonwealth of Virginia, 19 FCC Rcd 1563, ¶ 13 (2004) (“Virginia Cellular Order”); Highland Cellular Order, ¶¶ 13-14; Sprint ETC Order, ¶ 9..
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The regulatory decisions cited above provide the requisite “affirmative statement” from each of the respective state commissions, as required under Section 214(e)(6), that the FCC is the appropriate regulatory authority to consider SunCom’s petition for ETC status in Georgia,
North Carolina, Tennessee, and Virginia.
B. SunCom Offers Each of the Services Supported by the Federal High-Cost Universal Service Program.
SunCom provides all the services and functionalities supported by the federal universal service program, as set forth in Section 241(e) of the Act and Section 54.101(a) of the
Commission’s Rules, throughout the service area for which it seeks ETC designation in Georgia,
North Carolina, Tennessee, and Virginia.
In order to be designated as an ETC, a carrier must be a common carrier and both offer and advertise the supported services throughout the designated service area. 47 U.S.C.
§ 214(e)(1). The Commission has identified the following services and functionalities as the
core services to be offered by an ETC and supported by federal universal service support
mechanisms:
1. Voice-grade access to the public switched telephone network;
2. Local usage;
3. Dual-tone, multi-frequency (“DTMF”) signaling, or its functional equivalent;
4. Single-party service or its functional equivalent;
5. Access to emergency services;
6. Access to operator services;
7. Access to interexchange service;
8. Access to directory assistance; and
9. Toll limitation for qualifying low-income consumers.
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For purposes of ETC applications, carriers must demonstrate that they provide
each of the supported services, or where appropriate, its functional equivalent.10/ As shown below, SunCom currently provides, or will provide upon designation, each of the required services and functionalities throughout the area for which it seeks designation.
1. Voice-Grade Access to the Public Switched Network.
The Commission has concluded that voice-grade access means the ability to make and receive phone calls within a specified bandwidth and frequency range.11/ SunCom meets this requirement by providing voice-grade access to the public switched telephone network.
Through its interconnection arrangements with local exchange carriers, each of SunCom’s customers are able to make and receive calls on the public switched telephone network within the specified bandwidth.
2. Local Usage.
ETCs must include local usage beyond providing simple access to the public switched network as part of a universal service offering. In the First Report and Order, the
Commission deferred a determination on the amount of local usage that a carrier would be required to provide.12/ The Commission recently declined to adopt a specific local usage threshold.13/ SunCom includes local and long-distance usage in each of the rate plans that it
offers consumers – including SunCom’s “Un-PlanSM” which includes unlimited local and
10/ Section 214(e)(6) Public Notice, 12 FCC Rcd at 22948 & n.5. 11/ Federal-State Joint Board on Universal Service, CC Docket No. 96-45, First Report and Order, 12 FCC Rcd 8776 at 8810-11 (1997) (“First Report and Order”). 12/ Id. at 8812-14. 13/ Federal-State Joint Board on Universal Service, Report and Order, CC Docket No. 96-45, FCC 05-46, ¶ 32 (released Mar. 17, 2005) (“ETC Designation Framework Order”). In Section IV.B(5). below, we address how SunCom intends to comply with the ETC Designation Framework Order’s new requirement regarding local usage plans that are “comparable” to those offered by ILECs. Id., ¶¶ 33-34; 47 C.F.R. § 54.202(a)(4).
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domestic long-distance calling at a flat rate – and thereby complies with the requirement that all
ETCs offer local usage.
3. Dual-Tone Multi-Frequency (“DTMF”) Signaling, or Its Functional Equivalent.
DTMF is a method of signaling that facilitates the transportation of call-set up and
call detail information. Consistent with the principles of competitive and technological
neutrality, the Commission permits carriers to provide signaling that is functionally equivalent to
DTMF, such as out-of-band digital signaling, in satisfaction of this requirement.14/ SunCom currently uses out-of-band digital signaling that is functionally equivalent to DTMF and SunCom
therefore meets this requirement.
4. Single-Party Service or Its Functional Equivalent.
“Single-party service” means that only one party will be served by a subscriber
loop or access line (in contrast to a multi-party line).15/ The Commission has concluded that a
wireless provider offers the equivalent of single-party service when it offers a dedicated message
path for the length of a user’s particular transmission.”16/ SunCom meets the requirement of single-party service in this manner.
5. Access to Emergency Services.
The ability to reach a public emergency service provider by dialing 911 is required in any universal service offering. SunCom currently provides its subscribers with access to 911 emergency services in accord with this requirement, and consistent with
14/ 47 C.F.R. § 54.101(a)(3). 15/ First Report and Order, 12 FCC Rcd at 8810. 16/ Id.
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Commission regulations throughout the service area for which designation is sought. SunCom
also provides Enhanced 911 Services in compliance with the FCC’s applicable rules.17/
6. Access to Operator Services.
Access to operator services is defined as any automatic or live assistance provided
to a consumer to arrange for the billing or completion, or both, of a telephone call.18/ SunCom
meets these requirements by providing all of its customers with access to operator services,
including customer service and call completion, provided by either SunCom or other entities.
7. Access to Interexchange Service.
An ETC must offer consumers access to interexchange service to make and
receive toll or interexchange calls. SunCom meets this requirement by providing all of its
customers with the ability to make and receive interexchange calls. SunCom’s rate plans include
nationwide interexchange calling at the same rate as local calls.
8. Access to Directory Assistance.
The ability to place a call to directory assistance is a required service offering.19/
SunCom meets this requirement by providing all of its customers with access to directory assistance by dialing “411” or “555-1212”.
9. Toll Limitation for Qualifying Low-Income Consumers.
An ETC must offer either “toll control” or “toll blocking” services to qualifying
Lifeline customers at no additional charge. 47 C.F.R. § 54.101(a)(9). SunCom currently has no
Lifeline customers in the areas for which it proposes to be designated as an ETC in this application, because only designated ETCs can participate in the provision of Lifeline service.
17/ Cf. Virginia Cellular Order, ¶ 19. 18/ First Report and Order, 12 FCC Rcd at 8817-18. 19/ First Report and Order, 12 FCC Rcd at 8821.
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Once designated as an ETC, SunCom will participate in Lifeline as required, and will provide
toll control and/or toll blocking capability in satisfaction of the Commission’s requirement.
SunCom currently has the technology to provide toll limitation and will utilize this technology to
provide such functionality at no additional charge to Lifeline customers. 20/
C. SunCom Will Offer Supported Services Over a Combination of Its Own Facilities and Resale of Other Carrier’s Services.
A carrier requesting designation must demonstrate that it offers the supported
services “either using its own facilities or a combination of its own facilities and resale of
another carrier’s services.”21/ SunCom will provide the supported services using its existing
network infrastructure, which includes the antenna, cell-site, tower, trunking, mobile switching,
and interconnection facilities used by SunCom to serve its existing PCS customers. In addition, in certain areas, SunCom will provide the supported services using resale of services offered by other wireless carriers.
D. SunCom Will Advertise Its Universal Service Offering.
SunCom will advertise the availability of the supported services and the corresponding charges in a manner that informs the general public within the designated service
area of both the services available and the corresponding charges. SunCom advertises its wireless services through several different media of general distribution throughout the service areas for which designation is requested and will use the same media to advertise its universal service offerings throughout the service areas designated by the Commission. In addition, once
SunCom receives ETC designation, it will provide notices of its service offerings, including the availability of Lifeline and Link Up discounts, using outreach methods intended to reach
20/ See Virginia Cellular Order, ¶ 22. 21/ 47 U.S.C. § 214(e)(1)(A).
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households that do not currently have telecommunications service, including any sizeable non-
English-speaking populations in the ETC designated areas, and in coordination with government
agencies that administer the relevant assistance programs. 22/
III. SUNCOM REQUESTS DESIGNATION THROUGHOUT ITS PROPOSED “DESIGNATED ETC SERVICE AREA” IN GEORGIA, NORTH CAROLINA, TENNESSEE, AND VIRGINIA
SunCom requests ETC designation for its entire licensed service area in Georgia,
North Carolina, Tennessee, and Virginia, as well as certain limited adjacent areas, as depicted on the maps attached hereto in Exhibit C. The area for which SunCom proposes to be designated as an ETC, referred to as the “Designated ETC Service Area,” includes each of the non-rural ILEC wire centers listed in Exhibit D-1, and the entirety of each of the rural ILEC study areas listed in
Exhibit D-2.
SunCom will provide service to the vast majority of the proposed Designated
ETC Service Area using its own wireless network facilities. With respect to the minor portions of the Designated ETC Service Area falling within portions of SunCom’s service area where
SunCom lacks adequate network coverage, or areas outside SunCom’s licensed service area,
SunCom will serve customers via the resale of services offered by other wireless carriers.23/
SunCom already has arrangements in place that enable its customers located outside the area to which it provides facilities-based wireless service, but within its Designated ETC Service Area,
22/ Lifeline and Link-Up, 19 FCC Rcd 8302, ¶ 45 (2004). 23/ An ETC may provide the supported services “using either its own facilities or a combination of its own facilities and resale of another carrier’s services.” 47 U.S.C. § 214(e)(1)(A)(i). See also Virginia Cellular Order, ¶ 37 (specifically noting permissibility of providing service using combination of facilities-based and resale of wireline or wireless services); id., ¶ 24. SunCom will not file line counts including customers whose billing addresses it serves exclusively via resale, and will not claim support with respect to such customers. 47 C.F.R. § 54.307(a)(3).
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to receive service via “roaming” over the networks of other wireless carriers – in essence, a form
of resale.
IV. GRANTING THIS PETITION WILL SERVE THE PUBLIC INTEREST.
A. SunCom Satisfies the Commission’s Public Interest Standard.
SunCom is seeking ETC designation in areas served by rural LECs. The
Commission must therefore determine that SunCom’s designation as an ETC in each case is in
the public interest. 24/ The Commission has articulated the public interest standard for
designating ETCs in rural ILEC areas as follows:
In determining whether designation of a competitive ETC in a rural telephone company’s service area is in the public interest, we weigh the benefits of increased competitive choice, the impact of the designation on the universal service fund, the unique advantages and disadvantages of the competitor’s service offering, any commitments made regarding quality of telephone service, and the competitive ETC’s ability to satisfy its obligation to serve the designated service areas within a reasonable time frame. 25/ As demonstrated below, the Commission should find, pursuant to this standard, that designating
SunCom as an ETC would serve the public interest in rural ILEC areas. Moreover, given that
SunCom satisfies the more rigorous public interest standard that applies to areas served by rural
ILECs, and given that SunCom satisfies the statutory eligibility criteria set forth in Section
214(e)(1) of the Act, it follows that it would be “consistent with the public interest, convenience,
and necessity” to designate SunCom in non-rural ILEC areas. 26/
We note that the Commission recently adopted modifications to its public interest standard in the ETC Designation Framework Order. SunCom is not required to meet the
24/ 47 U.S.C. §214(e)(6). 25/ Virginia Cellular Order at ¶ 28. 26/ 47 U.S.C. §§ 214(e)(1), (6); Virginia Cellular Order, ¶ 27; Cellco Partnership d/b/a Bell Atlantic Mobile Petition for Designation as an Eligible Telecommunications Carrier, 16 FCC Rcd 39, 45, ¶ 14 (Com. Car. Bur. 2000).
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requirements for ETC designation specified in the ETC Designation Framework Order because this application was pending before the ETC Designation Framework Order took effect. 27/
Nonetheless, we show in the following section that SunCom will be prepared to demonstrate that it complies with the ETC Designation Framework Order requirements when it submits its annual certification.
1. Benefits of Increased Competitive Choice.
The Commission has recognized that “[d]esignation of competitive ETCs promotes competition and benefits consumers in rural high-cost areas by increasing customer choice, innovative services, and new technologies.” 28/ SunCom will implement a variety of service offerings and rate plans that will be both competitive with the incumbent LEC service offerings and affordable to consumers in Georgia, North Carolina, Tennessee, Virginia, and the
U.S. Virgin Islands. As discussed above, SunCom’s local service area – effectively, the entire country – will be larger than the incumbent LECs’ local service areas, affording consumers the opportunity to reduce intra-LATA toll charges. Moreover, SunCom’s “Un-Plan” is unusual among wireless carriers and delivers consumers a simple, straightforward, and easily understood package that is lacking in other wireless carriers’ overly complicated sets of plans.
27/ Federal-State Joint Board on Universal Service; Virginia PCS Alliance, L.C. and Richmond 20 MHz LLC d/b/a NTELOS, DA 05-1663, ¶ 8 (rel. June 14, 2005). The ETC Designation Framework Order is scheduled to take effect on June 24, 2005 – 30 days after the date it was published in the Federal Register. See 70 Fed. Reg. 29960 (May 25, 2005). However, the information collection requirements in that Order, including the expanded requirements regarding the content of ETC applications in 47 C.F.R. § 54.202, will not take effect until they have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act. See ETC Designation Framework Order, ¶ 109; see also Notice of Public Information Collections Being Reviewed by the Federal Communications Commission, 70 Fed. Reg. 24787 (May 11, 2005) (seeking comments on or before July 11, 2005, regarding the ETC Designation Framework Order’s collection of information subject to the Paperwork Reduction Act, and reiterating that “An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid control number.”). 28/ Federal-State Joint Board on Universal Service; Western Wireless Corp. Petition for Designation as an Eligible Telecommunications Carrier in the State of Wyoming, 16 FCC Rcd 48, 55 (Com. Car. Bur. 2000), aff’d, 16 FCC Rcd 19144, ¶ 17 (2001).
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Designating SunCom as an ETC will bring consumers the benefits of competition,
including increased choices, higher quality service, and lower rates. In a competitive market,
rural consumers will be able to choose the services that best meet their communications needs.
With a choice of service providers, the consumer is able to select a provider based on service
quality, service availability and rates. Receiving universal service funding will enable SunCom
to significantly improve the quality and coverage of its network facilities, to the benefit of
wireless consumers throughout the area, and will strengthen both intra-modal wireless
competition and inter-modal wireless/wireline competition.
In addition, designating SunCom as an ETC will also provide a heightened
incentive to the incumbent LECs to improve their existing networks in order to remain
competitive, resulting in improved services to consumers. The Commission has noted that “we
believe that competition may provide incentives to the incumbent to implement new operating
efficiencies, lower prices, and offer better service to its customers.”29/ For example, ILECs will face incentives to broaden their local calling areas and/or reduce their toll charges, to the benefit of consumers, because SunCom’s local calling area is larger than those of the incumbent local exchange carriers it competes against, SunCom’s customers will be subject to fewer toll charges. 30/
29/ Federal-State Joint Board on Universal Service; Guam Cellular and Paging, Inc., d/b/a/ GuamCell Communications Petition for Designation as an Eligible Telecommunications Carrier in the Territory of Guam, 17 FCC Rcd 1502, ¶ 22 (Com. Car. Bur. 2002). 30/ Virginia Cellular Order, ¶ 29.
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2. Impact of the Designation on the Fund.
Designating SunCom as an ETC will have only a negligible impact on the overall
universal service high-cost fund. As the Commission has recognized, it is most productive to
consider issues of fund growth in the broader context of generic rulemaking proceedings.31/
3. Unique Advantages of SunCom’s Service Offering.
Importantly, designating SunCom as an ETC will bring consumers in Georgia,
North Carolina, Tennessee, and Virginia the unique benefits of mobile telephony. The
Commission has recognized the benefits that wireless carriers can bring to the universal service program. For example, the Commission found that the mobility of wireless ETCs’ service
“assists consumers in rural areas who often must drive significant distances to places of employment, stores, schools, and other critical community locations. In addition, the availability of a wireless universal service offering provides access to emergency services that can mitigate the unique risks of geographic isolation associated with living in rural communities.” 32/
Consistently, the Commission has found that “imposing additional burdens on wireless entrants would be particularly harmful to competition in rural areas, where wireless carriers could potentially offer service at much lower costs than traditional wireline service.”33/
Thus, designation of SunCom as an ETC will provide consumers with a valuable alternative to the existing telecommunications services offered in these rural areas, including the larger local calling area, the benefits of mobile telephone service and, where requested by the
31/ Virginia Cellular Order, ¶ 31; Highland Cellular Order, ¶ 25; ETC Designation Framework Order, ¶ 54 (“As the Commission has found in the past, analyzing the impact of one ETC on the overall fund may be inconclusive. Indeed, given the size of the total high-cost fund — approximately $3.8 billion a year — it is unlikely that any individual ETC designation would have a substantial impact on the overall size of the fund. In addition, the Commission is considering in other proceedings, such as the Rural Referral Proceeding, how support is calculated for both rural incumbent LECs and [competitive] ETCs.”) (footnotes omitted). 32/ Virginia Cellular Order at ¶ 29. 33/ First Report and Order, 12 FCC Rcd 8776, 8882-8883.
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PSAP, location assistance for customers calling 911. In addition, as discussed above, SunCom’s unique wireless calling plans provide mobile consumers a simple, straightforward, and easily understood package that should be appealing to consumers and strengthen both intra-modal wireless competition and inter-modal wireless/wireline competition.
4. Commitments on Quality of Telecommunications Service.
SunCom is dedicated to building strong customer relationships by providing customers with services that exceed expectations. SunCom offers a superior customer service experience. To further demonstrate the quality of its customer service, SunCom will provide a confidential report to the Commission on the number of consumer complaints per 1,000 handsets each year.34/ SunCom is a signatory to and already complies with the Cellular Telecommunica- tions & Industry Association (“CTIA”) Consumer Code for Wireless Service.
SunCom also plans to maintain and construct additional cell sites in rural areas using the universal service funds it expects to receive if it receives designation as an ETC, which it would not be able to maintain or construct in the absence of universal service funding.
These network improvements should improve the coverage, signal strength, and service quality that consumers in rural areas in Georgia, North Carolina, Virginia, and Tennessee will enjoy as a result of SunCom’s ETC designation. Attached as Exhibit E is a five-year plan providing a specific demonstration of how high-cost support will be used for service improvements that would not occur absent receipt of such support. The data included in this plan are highly confidential commercial and financial trade secret information concerning competitive wireless services, and public disclosure of these data could cause serious competitive harm to SunCom by giving competitors access to the details of our network deployment and capital expenditure
34/ Id.
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plans. Accordingly, pursuant to 5 U.S.C. § 552(b)(4) and Section 0.459 of the Commission’s
rules, SunCom respectfully requests that the unredacted version of Exhibit E be withheld from
public inspection.35/
5. Ability to Serve Customers Within a Reasonable Time Frame.
SunCom will comply with the same customer service deployment commitments as those offered by Virginia Cellular. SunCom will provide service immediately using its standard customer equipment to potential customers requesting service. In instances where a
request comes from a potential customer within SunCom’s licensed service area but outside its
existing network coverage, it will take a number of steps to provide service that include
determining whether: (1) the requesting customer’s equipment can be modified or replaced to
provide service; (2) a roof-mounted antenna or other equipment can be deployed to provide
service; (3) adjustments can be made to the nearest cell tower to provide service; (4) there are
any other adjustments that can be made to network or customer facilities to provide service; (5) it
can offer resold services from another carrier’s facilities to provide service; and (6) an additional
cell site, cell extender, or repeater can be employed or can be constructed to provide service. In
addition, if after following these steps, SunCom still cannot provide service, it will notify the
requesting party and report the unfulfilled request to the Commission within 30 days after
making such determination.36/ Furthermore, in connection with its annual reporting obligations,
SunCom will submit in an annual report filed with the Commission information detailing how
35/ Once the ETC Designation Framework Order takes effect, SunCom will submit the five-year plan and progress reports that the Order requires. ETC Designation Framework Order, ¶¶ 23, 69; 47 C.F.R. §§ 54.202(a)(1)(B), 54.209(a)(1). 36/ Id.
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many requests for service were unfulfilled for the past year and how SunCom attempted to provide service to those potential customers.37/
6. Creamskimming.
SunCom proposes to operate as an ETC throughout each of the rural telephone company study areas. Therefore, no study area redefinition need be considered, and there is no need to conduct a “creamskimming” analysis. 38/
B. SunCom Is Prepared to Demonstrate That It Satisfies the Recently-Adopted Additional Requirements for Commission Designation of ETCs Pursuant to Section 214(e)(6).
The Commission recently adopted additional eligibility requirements for carriers seeking ETC designation.39/ An ETC applicant subject to these new requirements must
(1) commit to provide service throughout its designated service area to all requesting customers, and to provide a five-year plan demonstrating how high-cost universal service support will be used to improve its coverage, service quality or capacity throughout the service area for which it seeks designation; (2) demonstrate its ability to remain functional in emergency situations;
(3) demonstrate that it will satisfy applicable consumer protection and service quality standards;
(4) offer local usage plans comparable to those offered by the ILEC in the service area for which it seeks designation; and (5) acknowledge that it may be required to provide equal access if all other ETCs in the designated service area relinquish their designations.40/ While as noted above, SunCom is not subject to these new requirements because this application was pending
37/ ETC Designation Framework Order, ¶ 69. 38/ Cf. Virginia Cellular Order, ¶¶ 32-35. See also ETC Designation Framework Order, ¶¶ 48-53. 39/ ETC Designation Framework Order. 40/ 47 C.F.R. § 54.202(a)(1)-(5).
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before the ETC Designation Framework Order took effect, 41/ SunCom is prepared to make the
required showings when it submits its annual certification, as further described below.
1. SunCom Commits to Provide Service Throughout Its Designated Area to All Customers Making a Reasonable Request.
SunCom will comply with the customer service deployment commitments set forth in the ETC Designation Framework Order.42/ If, after following the steps specified
therein, SunCom still cannot provide service, it will notify the requesting party and report the
unfulfilled request to the Commission within 30 days after making such determination.43/
Furthermore, in connection with its annual reporting obligations, SunCom will submit in an annual report filed with the Commission information detailing how many requests for service were unfulfilled for the past year and how SunCom attempted to provide service to those potential customers.44/
2. SunCom Plans to Use High-Cost Support to Improve Signal Quality, Coverage, and Capacity Over the Next Five Years.
SunCom will use universal service funds to improve service within the
Designated ETC Service Area. SunCom will, as required by Section 214(e) of the Act, use all
federal high cost support that it receives for the construction, maintenance and upgrading of
facilities used to provide supported service in rural and high-cost areas. As a broadband PCS
licensee in the proposed ETC designated service areas, SunCom is in compliance with its
construction obligations under Section 24.203 of the FCC’s rules. Receipt of universal service
high-cost funds will enable SunCom to accelerate and complete its deployment of wireless
41/ See supra note 27. 42/ ETC Designation Framework Order, ¶ 22. 43/ Id. 44/ ETC Designation Framework Order, ¶ 69.
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network facilities throughout its Designated ETC Service Area, as demonstrated in Exhibit E.
Exhibit E is a five-year plan providing a specific demonstration of how high-cost support will be
used for service improvements that would not occur absent receipt of such report.
3. SunCom Can Remain Functional In Emergency Situations.
SunCom has the ability to remain functional in emergency situations. SunCom has a reasonable amount of back-up power to ensure functionality without an external power source, is able to reroute traffic around damaged facilities, and is capable of managing traffic spikes resulting from emergency situations.45/ SunCom has the ability to deploy portable
facilities known as “COWs” (Cellular on Wheels) as temporary cell site facilities where
permanent facilities are unable to provide service due to an emergency event. 46/ As required by
the Commission’s rules, SunCom will certify on an annual basis that it is able to function in
emergency situations.47/ Furthermore, in connection with its annual reporting obligations,
SunCom will submit data concerning outages in its designated service areas that affect at least ten percent of the end users served in that area or that potentially affect a 911 special facility.
Such data shall include (1) the date and time of onset of the outage; (2) a brief description of the outage and its resolution; (3) the particular services affected; (4) the geographic areas affected by
45/ ETC Designation Framework Order, ¶ 25. 46/ In particular, SunCom has fixed and portable backup power generators deployed in various locations throughout our network ready to be deployed in the event of an emergency situation. These backup power generators can maintain our cell sites on air for a few days, which in most cases is long enough for us to restore power to our sites or to provide additional fuel for the generators to keep them turned on. SunCom also has the ability to change call routing translations to divert calls from routes that could be damaged or out of service and route the calls through other portions of our network. SunCom is able to manage traffic spikes through call rerouting changes, capacity additions, and deployment of COWs. 47/ ETC Designation Framework Order, ¶ 26 and ¶ 69.
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the outage; (5) steps taken to prevent a similar situation in the future; and (6) the number of
customers affected.48/
4. SunCom Satisfies Applicable Consumer Protection and Service Quality Standards.
As further described above, SunCom is dedicated to building strong customer
relationships by providing customers with services that exceed expectations. SunCom will
continue to abide by that CTIA Consumer Code and, as required by the ETC Designation
Framework Order, SunCom will certify to the Commission on an annual basis its compliance
with that code.49/
5. SunCom Offers a Comparable Local Usage Plan.
SunCom offers a local usage plan that is comparable or superior to those offered
by ILECs in the Designated ETC Service Area. Specifically, SunCom’s “Un-PlanSM” enables customers to place unlimited local and domestic long-distance calls for a flat rate. The Un-Plan also includes voicemail, 3-way calling, call waiting, Caller ID, call forwarding, and on-line account management for no extra charge. In addition, SunCom offers the “SunCom 1000” plan that includes 1,000 minutes of local and domestic long-distance calling (with per-minute charges
for additional minutes), including all the other features listed above.
Both of these plans are “comparable” with, although not identical to, plans
generally offered by rural and non-rural ILECs in SunCom’s area, within the scope of
“comparability” as defined in the ETC Designation Framework Order.50/ Both plans give customers access to “a local calling plan that has a different calling area than the local exchange area provided by the LECs in the same region” – i.e., a nationwide calling area, with no
48/ ETC Designation Framework Order, ¶ 27 and ¶ 69. 49/ ETC Designation Framework Order, ¶ 28 and ¶ 69. 50/ ETC Designation Framework Order, ¶ 33.
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distinctions between local and nationwide long-distance minutes.51/ And the “Un-Plan” gives
customers “an unlimited calling plan that bundles local minutes with long distance minutes,”
while the SunCom 1000 plan “offers a specified number of free minutes of service within the
local service area.”52/ As in the Virginia Cellular and Highland Cellular cases, SunCom’s
customers are “subjected to fewer toll charges than the customers using the incumbent’s plan”
and have “a choice of a variety of local usage plans, [both] of which include[ ] a large volume of
minutes.” 53/ SunCom will certify that its local usage offering is comparable to those of the
ILECs in connection with its annual reporting obligations to the Commission. 54/
6. SunCom Acknowledges That It May Be Required To Provide Equal Access Under Certain Circumstances.
SunCom acknowledges that the Commission may require it to provide equal
access to long distance carriers in the event that no other ETC is providing equal access within the Designated ETC Area. 55/
C. Expeditious Grant of This Application is In the Public Interest.
The public interest is further served by the expeditious grant of this Petition. The
Commission has recognized that “excessive delay in the designation of competing providers may
hinder the development of competition and the availability of service in may high-cost areas,”
and therefore the Commission made a public commitment to resolve ETC petitions within six
51/ Id. 52/ Id. 53/ Id., n.86, citing Virginia Cellular, 19 FCC Rcd at 1576, ¶ 29; Highland Cellular, 19 FCC Rcd at 6433, ¶ 23. 54/ Id., ¶ 69. 55/ Id., ¶¶ 35, 69.
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months or less after they are filed. 56/ The Commission should abide by that commitment, and should expeditiously proceed to grant this petition.
V. HIGH COST CERTIFICATION.
Under Sections 54.313, 54.314, 54.809, and 54.904 of the Commission’s Rules , carriers seeking high cost support must either be certified by the appropriate state commission or, where the state commission does not exercise jurisdiction, must self-certify with the Commission and the Universal Service Administrative Company (“USAC”) as to their compliance with
Section 254(e) of the Act. As explained herein, the state commissions for the four states covered by this application do not exercise jurisdiction over CMRS carriers such as SunCom. Therefore,
SunCom has submitted its high-cost certification with the Commission and USAC, a copy of which is attached hereto as Exhibit F. SunCom respectfully requests that the Commission issue a finding that SunCom has met the high-cost certification requirement and that SunCom is, therefore, entitled to begin receiving high-cost support as of the date it receives a grant of ETC status in order that funding will not be delayed.
VI. ANTI-DRUG ABUSE CERTIFICATION.
SunCom certifies that no party to this petition is subject of a denial of federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 862. See
Exhibit F attached hereto.
56/ Twelfth Report and Order, 15 FCC Rcd at ¶ 94 (2000).
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CONCLUSION
For the foregoing reasons, SunCom’s applications for designation as an ETC in
Georgia, North Carolina, Tennessee, and Virginia should be granted expeditiously.
Respectfully submitted,
SUNCOM WIRELESS, INC.
By: ______Charles Kallenbach Michele C. Farquhar Senior Vice President for Legal Affairs David L. Sieradzki SUNCOM WIRELESS, INC. Tarah S. Grant 1100 Cassatt Rd. HOGAN & HARTSON, L.L.P. Berwyn, PA 19312 555 – 13th St., NW (610) 722-4280 Washington, DC 20004 (202) 637-6462
Counsel for SunCom Wireless, Inc.
June 23, 2005
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Exhibit A: BTAs Served by SunCom
BTA Market
Virginia 104 Danville, VA
North Carolina 20 Asheville-Hendersonville, NC 62 Burlington, NC 74 Charlotte, NC 141 Fayetteville/Lumberton, NC 165 Goldsboro-Kinston, NC 174 Greensboro, NC 176 Greenville-Washington, NC 189 Hickory-Lenoir, NC 214 Jacksonville, NC 316 New Bern, NC 368 Raleigh-Durham, NC 377 Roanoke Rapids, NC 382 Rocky Mount-Wilson, NC 478 Wilmington, NC
Georgia 22 Athens, GA 26 Augusta, GA 410 Savannah, GA
Tennessee 229 Kingsport, TN EXHIBIT B-1
GEORGIA
EXHIBIT B-2
NORTH CAROLINA
EXHIBIT B-3
TENNESSEE
EXHIBIT B-4
VIRGINIA
EXHBIT C
COVERAGE MAP
EXHIBIT D-1
LIST OF NON-RURAL ILEC WIRE CENTERS
Exhibits D-1 and D-2 for ETC Petition - updated NC and VA-6-21-05.xls - Exhibit D-1
Exhibit D-1 - The non-rural ILEC wire centers for GA, NC, VA and TN Georgia North Carolina Virginia Tennessee SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE 225192 BELLSOUTH - GA N ADAIRSVL 235193 BELLSOUTH - NC N ACME 195040 Verizon-Virginia, Inc. N APPALACHIA 295185 BELLSOUTH - TN N ADMSCDARHL 225192 BELLSOUTH - GA N ALBANY 235193 BELLSOUTH - NC N ANDERSON 195040 Verizon-Virginia, Inc. N BIGSTONEGP 295185 BELLSOUTH - TN N ARLINGTON 225192 BELLSOUTH - GA N AMERICUS 235193 BELLSOUTH - NC N APEX 195040 Verizon-Virginia, Inc. N CLINCHCO 295185 BELLSOUTH - TN N ASHLAND CY 225192 BELLSOUTH - GA N APPLING 235193 BELLSOUTH - NC N ARDEN 195040 Verizon-Virginia, Inc. N CLINTWOOD 295185 BELLSOUTH - TN N ATHENS 225192 BELLSOUTH - GA N ARLINGTON 235193 BELLSOUTH - NC N ASHEVILLE 195040 Verizon-Virginia, Inc. N COEBURN 295185 BELLSOUTH - TN N BEAN STATN 225192 BELLSOUTH - GA N ATHENS 235193 BELLSOUTH - NC N ATKINSON 195040 Verizon-Virginia, Inc. N CUMBERLDGP 295185 BELLSOUTH - TN N BELLS 225192 BELLSOUTH - GA N ATLANTA 235193 BELLSOUTH - NC N BELMONT 195040 Verizon-Virginia, Inc. N DANTE 295185 BELLSOUTH - TN N BENTCREEK 225192 BELLSOUTH - GA N ATLANTA NE 235193 BELLSOUTH - NC N BESSEMERCY 195040 Verizon-Virginia, Inc. N DAVENPORT 295185 BELLSOUTH - TN N BENTON 225192 BELLSOUTH - GA N ATLANTA NW 235193 BELLSOUTH - NC N BLACK MT 195040 Verizon-Virginia, Inc. N HAYSI 295185 BELLSOUTH - TN N BETHEL SPG 225192 BELLSOUTH - GA N ATLANTA SO 235193 BELLSOUTH - NC N BLOWING RK 195040 Verizon-Virginia, Inc. N HONAKER 295185 BELLSOUTH - TN N BIG SANDY 225192 BELLSOUTH - GA N AUGUSTA 235193 BELLSOUTH - NC N BOONE 195040 Verizon-Virginia, Inc. N JONESVILLE 295185 BELLSOUTH - TN N BLANCHE 225192 BELLSOUTH - GA N BACONTON 235193 BELLSOUTH - NC N BURGAW 195040 Verizon-Virginia, Inc. N LEBANON 295185 BELLSOUTH - TN N BOLIVAR 225192 BELLSOUTH - GA N BAINBRIDGE 235193 BELLSOUTH - NC N BURLINGTON 195040 Verizon-Virginia, Inc. N NORTON 295185 BELLSOUTH - TN N BROWNSVL 225192 BELLSOUTH - GA N BARNESVL 235193 BELLSOUTH - NC N CANTON 195040 Verizon-Virginia, Inc. N PENINGTNGP 295185 BELLSOUTH - TN N BULLS GAP 225192 BELLSOUTH - GA N BAXLEY 235193 BELLSOUTH - NC N CAROLEEN 195040 Verizon-Virginia, Inc. N POUND 295185 BELLSOUTH - TN N CAMDEN 225192 BELLSOUTH - GA N BLACKSHEAR 235193 BELLSOUTH - NC N CAROLINBCH 195040 Verizon-Virginia, Inc. N ST CHARLES 295185 BELLSOUTH - TN N CARTHAGE 225192 BELLSOUTH - GA N BOGARTSTHM 235193 BELLSOUTH - NC N CARY 195040 Verizon-Virginia, Inc. N ST PAUL 295185 BELLSOUTH - TN N CEDARGROVE 225192 BELLSOUTH - GA N BOWDON 235193 BELLSOUTH - NC N CASTLEHAYN 195040 Verizon-Virginia, Inc. N WISE 295185 BELLSOUTH - TN N CENTERVL 225192 BELLSOUTH - GA N BREMEN 235193 BELLSOUTH - NC N CHAPELHILL 295185 BELLSOUTH - TN N CHARLESTON 225192 BELLSOUTH - GA N BRUNSWICK 235193 BELLSOUTH - NC N CHARLOTTE 295185 BELLSOUTH - TN N CHARLOTTE 225192 BELLSOUTH - GA N BUCHANAN 235193 BELLSOUTH - NC N CHERRYVL 295185 BELLSOUTH - TN N CHATTNOOGA 225192 BELLSOUTH - GA N BUFORD 235193 BELLSOUTH - NC N CLAREMONT 295185 BELLSOUTH - TN N CHESTNUTHI 225192 BELLSOUTH - GA N CALHOUN 235193 BELLSOUTH - NC N CLEVELAND 295185 BELLSOUTH - TN N CLARKSVL 225192 BELLSOUTH - GA N CAMILLA 235193 BELLSOUTH - NC N CLYDE 295185 BELLSOUTH - TN N CLEVELAND 225192 BELLSOUTH - GA N CARROLLTON 235193 BELLSOUTH - NC N DAVIDSON 295185 BELLSOUTH - TN N CLINTON 225192 BELLSOUTH - GA N CARTERSVL 235193 BELLSOUTH - NC N DENVER 295185 BELLSOUTH - TN N COLLIERVL 225192 BELLSOUTH - GA N CAVESPRING 235193 BELLSOUTH - NC N ELLENBORO 295185 BELLSOUTH - TN N COLUMBIA 225192 BELLSOUTH - GA N CEDARTOWN 235193 BELLSOUTH - NC N ENKACANDLR 295185 BELLSOUTH - TN N COPPERBSIN 225192 BELLSOUTH - GA N CLAXTON 235193 BELLSOUTH - NC N FAIRMONT 295185 BELLSOUTH - TN N COVINGTON 225192 BELLSOUTH - GA N CLERMONT 235193 BELLSOUTH - NC N FAIRVIEW 295185 BELLSOUTH - TN N CRSPLORLND 225192 BELLSOUTH - GA N COCHRAN 235193 BELLSOUTH - NC N FORESTCITY 295185 BELLSOUTH - TN N CULLEOKA 225192 BELLSOUTH - GA N COLQUITT 235193 BELLSOUTH - NC N GASTONIA 295185 BELLSOUTH - TN N CUMBERLDCY 225192 BELLSOUTH - GA N COLUMBUS 235193 BELLSOUTH - NC N GIBSON 295185 BELLSOUTH - TN N CUMBERLDGP 225192 BELLSOUTH - GA N CONCORD 235193 BELLSOUTH - NC N GOLDSBORO 295185 BELLSOUTH - TN N CUNNINGHAM 225192 BELLSOUTH - GA N CONYERS 235193 BELLSOUTH - NC N GRANTHAM 295185 BELLSOUTH - TN N DANDRIDGE 225192 BELLSOUTH - GA N CORDELE 235193 BELLSOUTH - NC N GREENSBORO 295185 BELLSOUTH - TN N DAYTON 225192 BELLSOUTH - GA N COVINGTON 235193 BELLSOUTH - NC N GROVER 295185 BELLSOUTH - TN N DECATUR 225192 BELLSOUTH - GA N CUMMING 235193 BELLSOUTH - NC N HAMLET 295185 BELLSOUTH - TN N DICKSON 225192 BELLSOUTH - GA N CUSSETA 235193 BELLSOUTH - NC N HENDERSNVL 295185 BELLSOUTH - TN N DOVER 225192 BELLSOUTH - GA N DUBLIN 235193 BELLSOUTH - NC N HUNTERSVL 295185 BELLSOUTH - TN N DYER 225192 BELLSOUTH - GA N EASTMAN 235193 BELLSOUTH - NC N JULIAN 295185 BELLSOUTH - TN N DYERSBURG 225192 BELLSOUTH - GA N EATONTON 235193 BELLSOUTH - NC N KIMESVILLE 295185 BELLSOUTH - TN N EAGLEVILLE 225192 BELLSOUTH - GA N ELBERTON 235193 BELLSOUTH - NC N KINGS MT 295185 BELLSOUTH - TN N EASTSANGO 225192 BELLSOUTH - GA N FLOWEYBRCH 235193 BELLSOUTH - NC N KNIGHTDALE 295185 BELLSOUTH - TN N ELKTON 225192 BELLSOUTH - GA N FORSYTH 235193 BELLSOUTH - NC N LAKE LURE 295185 BELLSOUTH - TN N ETOWAH 225192 BELLSOUTH - GA N FORTVALLEY 235193 BELLSOUTH - NC N LATTIMORE 295185 BELLSOUTH - TN N FAIRVIEW 225192 BELLSOUTH - GA N FRANKLIN 235193 BELLSOUTH - NC N LAURINBURG 295185 BELLSOUTH - TN N FAYETTEVL 225192 BELLSOUTH - GA N GAINESVL 235193 BELLSOUTH - NC N LAWNDALE 295185 BELLSOUTH - TN N FLINTVILLE 225192 BELLSOUTH - GA N GAY 235193 BELLSOUTH - NC N LEICESTER 295185 BELLSOUTH - TN N FORK RIDGE 225192 BELLSOUTH - GA N GEORGETOWN 235193 BELLSOUTH - NC N LENOIR 295185 BELLSOUTH - TN N FRANKLIN 225192 BELLSOUTH - GA N GIBSON 235193 BELLSOUTH - NC N LIBERTY-CH 295185 BELLSOUTH - TN N FREDONIA 225192 BELLSOUTH - GA N GRANTVILLE 235193 BELLSOUTH - NC N LINCOLNTON 295185 BELLSOUTH - TN N GALLATIN 225192 BELLSOUTH - GA N GREENSBORO 235193 BELLSOUTH - NC N LOCUST 295185 BELLSOUTH - TN N GATLINBURG 225192 BELLSOUTH - GA N GREENVILLE 235193 BELLSOUTH - NC N LONG BEACH 295185 BELLSOUTH - TN N GEORGETOWN 225192 BELLSOUTH - GA N GRIFFIN 235193 BELLSOUTH - NC N LOWELL 295185 BELLSOUTH - TN N GIBSON 225192 BELLSOUTH - GA N HAMILTON 235193 BELLSOUTH - NC N LUMBERTON 295185 BELLSOUTH - TN N GLEASON 225192 BELLSOUTH - GA N HARLEM 235193 BELLSOUTH - NC N MAGGIE VLY 295185 BELLSOUTH - TN N GOODLETSVL 225192 BELLSOUTH - GA N HAZLEHURST 235193 BELLSOUTH - NC N MAIDEN 295185 BELLSOUTH - TN N GREENBACK 225192 BELLSOUTH - GA N HEPHZIBAH 235193 BELLSOUTH - NC N MONTICELLO 295185 BELLSOUTH - TN N GREENBRIER 225192 BELLSOUTH - GA N HOGANSVL 235193 BELLSOUTH - NC N MORGANTON 295185 BELLSOUTH - TN N GREENFIELD 225192 BELLSOUTH - GA N JACKSON 235193 BELLSOUTH - NC N MOUNTHOLLY 295185 BELLSOUTH - TN N HALLS 225192 BELLSOUTH - GA N JEKYLL IS 235193 BELLSOUTH - NC N MOUNTOLIVE 295185 BELLSOUTH - TN N HAMPSHIRE 225192 BELLSOUTH - GA N JESUP 235193 BELLSOUTH - NC N NEWLAND 295185 BELLSOUTH - TN N HARRIMAN 225192 BELLSOUTH - GA N JOHNSONCOR 235193 BELLSOUTH - NC N NEWTON 295185 BELLSOUTH - TN N HARTSVILLE 225192 BELLSOUTH - GA N KINGSTON 235193 BELLSOUTH - NC N PEMBROKE 295185 BELLSOUTH - TN N HENDERSNVL 225192 BELLSOUTH - GA N LAGRANGE 235193 BELLSOUTH - NC N RALEIGH 295185 BELLSOUTH - TN N HENDERSON 225192 BELLSOUTH - GA N LAKE PARK 235193 BELLSOUTH - NC N REIDSVILLE 295185 BELLSOUTH - TN N HENNING 225192 BELLSOUTH - GA N LEARY 235193 BELLSOUTH - NC N ROCKINGHAM 295185 BELLSOUTH - TN N HOHENWALD 225192 BELLSOUTH - GA N LEESBURG 235193 BELLSOUTH - NC N ROWLAND 295185 BELLSOUTH - TN N HORNBEAK 225192 BELLSOUTH - GA N LOUISVILLE 235193 BELLSOUTH - NC N RUFFIN 295185 BELLSOUTH - TN N HUMBOLDT 225192 BELLSOUTH - GA N LULA 235193 BELLSOUTH - NC N RUTHEFRDTN 295185 BELLSOUTH - TN N HUNTINGDON 225192 BELLSOUTH - GA N LUMBERCITY 235193 BELLSOUTH - NC N SALISBURY 295185 BELLSOUTH - TN N HUNTLAND 225192 BELLSOUTH - GA N LUMPKIN 235193 BELLSOUTH - NC N SAXAPAHAW 295185 BELLSOUTH - TN N JACKSON 225192 BELLSOUTH - GA N LUTHERSVL 235193 BELLSOUTH - NC N SCOTTSHILL 295185 BELLSOUTH - TN N JASPER 225192 BELLSOUTH - GA N LYONS 235193 BELLSOUTH - NC N SCRWDRSCRK 295185 BELLSOUTH - TN N JEFFERSNCY 225192 BELLSOUTH - GA N MACON 235193 BELLSOUTH - NC N SELMA 295185 BELLSOUTH - TN N JELLICO 225192 BELLSOUTH - GA N MADISON 235193 BELLSOUTH - NC N SHELBY 295185 BELLSOUTH - TN N KENTON 225192 BELLSOUTH - GA N MCCAYSVL 235193 BELLSOUTH - NC N SOUTHPORT 295185 BELLSOUTH - TN N KINGSTNSPG 225192 BELLSOUTH - GA N MILLEN 235193 BELLSOUTH - NC N SPRUCEPINE 295185 BELLSOUTH - TN N KINGSTON 225192 BELLSOUTH - GA N MONTICELLO 235193 BELLSOUTH - NC N STANLEY 295185 BELLSOUTH - TN N KNOXVILLE 225192 BELLSOUTH - GA N NEWNAN 235193 BELLSOUTH - NC N STATESVL 295185 BELLSOUTH - TN N LAFOLLETTE 225192 BELLSOUTH - GA N NEWTON 235193 BELLSOUTH - NC N STONYPOINT 295185 BELLSOUTH - TN N LAGRANGE 225192 BELLSOUTH - GA N PELHAM 235193 BELLSOUTH - NC N SUMMERFLD 295185 BELLSOUTH - TN N LAKE CITY 225192 BELLSOUTH - GA N PINE MT 235193 BELLSOUTH - NC N SWANNANOA 295185 BELLSOUTH - TN N LAWRENCEBG 225192 BELLSOUTH - GA N POOLER 235193 BELLSOUTH - NC N TAYLORSVL 295185 BELLSOUTH - TN N LEBANON 225192 BELLSOUTH - GA N RICHLAND 235193 BELLSOUTH - NC N TROUTMAN 295185 BELLSOUTH - TN N LENOIRCITY 225192 BELLSOUTH - GA N ROCKMART 235193 BELLSOUTH - NC N WATERVILLE 295185 BELLSOUTH - TN N LEWISBURG 225192 BELLSOUTH - GA N ROME 235193 BELLSOUTH - NC N WAYNESVL 295185 BELLSOUTH - TN N LEXINGTON 225192 BELLSOUTH - GA N ROOPVILLE 235193 BELLSOUTH - NC N WENDELL 295185 BELLSOUTH - TN N LOUDON
Page 1 of 6 Exhibits D-1 and D-2 for ETC Petition - updated NC and VA-6-21-05.xls - Exhibit D-1
Exhibit D-1 - The non-rural ILEC wire centers for GA, NC, VA and TN Georgia North Carolina Virginia Tennessee SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE 225192 BELLSOUTH - GA N ROSSVILLE 235193 BELLSOUTH - NC N WILMINGTON 295185 BELLSOUTH - TN N LYLES 225192 BELLSOUTH - GA N ROYSTON 235193 BELLSOUTH - NC N WINSTN SAL 295185 BELLSOUTH - TN N LYNCHBURG 225192 BELLSOUTH - GA N RUTLEDGE 235193 BELLSOUTH - NC N WRGHTSVBCH 295185 BELLSOUTH - TN N LYNNVILLE 225192 BELLSOUTH - GA N SANDERSVL 235193 BELLSOUTH - NC N ZEBULON 295185 BELLSOUTH - TN N MADISONVL 225192 BELLSOUTH - GA N SARDIS 230491 North State Telephone Company N HIGH POINT 295185 BELLSOUTH - TN N MANCHESTER 225192 BELLSOUTH - GA N SAVANNAH 230491 North State Telephone Company N RANDLEMAN 295185 BELLSOUTH - TN N MARYVILLE 225192 BELLSOUTH - GA N SENOIA 230491 North State Telephone Company N THOMASVL 295185 BELLSOUTH - TN N MASCOT 225192 BELLSOUTH - GA N SMITHVILLE 230509 VERIZON SOUTH INC - NC (CONTEL) N ANDREWS 295185 BELLSOUTH - TN N MAYNARDVL 225192 BELLSOUTH - GA N SOCIALCRCL 230509 VERIZON SOUTH INC - NC (CONTEL) N BAKERSVL 295185 BELLSOUTH - TN N MCEWEN 225192 BELLSOUTH - GA N SPARKS 230509 VERIZON SOUTH INC - NC (CONTEL) N BRYSONCITY 295185 BELLSOUTH - TN N MCKENZIE 225192 BELLSOUTH - GA N SPARTA 230509 VERIZON SOUTH INC - NC (CONTEL) N BURNSVILLE 295185 BELLSOUTH - TN N MEDINA 225192 BELLSOUTH - GA N STSIMONSIS 230509 VERIZON SOUTH INC - NC (CONTEL) N CASHIERS 295185 BELLSOUTH - TN N MEMPHIS 225192 BELLSOUTH - GA N SWAINSBORO 230509 VERIZON SOUTH INC - NC (CONTEL) N CHEROKEE 295185 BELLSOUTH - TN N MICHIE 225192 BELLSOUTH - GA N SYLVESTER 230509 VERIZON SOUTH INC - NC (CONTEL) N CULLOWHEE 295185 BELLSOUTH - TN N MIDDLETON 225192 BELLSOUTH - GA N TALLAPOOSA 230509 VERIZON SOUTH INC - NC (CONTEL) N FONTANAVLG 295185 BELLSOUTH - TN N MILAN 225192 BELLSOUTH - GA N TEMPLE 230509 VERIZON SOUTH INC - NC (CONTEL) N FRANKLIN 295185 BELLSOUTH - TN N MORRISTOWN 225192 BELLSOUTH - GA N TENNGA 230509 VERIZON SOUTH INC - NC (CONTEL) N GARDENCITY 295185 BELLSOUTH - TN N MOSCOW 225192 BELLSOUTH - GA N THOMASVL 230509 VERIZON SOUTH INC - NC (CONTEL) N GLENWDPDNC 295185 BELLSOUTH - TN N MTPLEASANT 225192 BELLSOUTH - GA N THOMSON 230509 VERIZON SOUTH INC - NC (CONTEL) N GUNTERTOWN 295185 BELLSOUTH - TN N MURFREESBO 225192 BELLSOUTH - GA N TIFTON 230509 VERIZON SOUTH INC - NC (CONTEL) N HAYESVILLE 295185 BELLSOUTH - TN N NASHVILLE 225192 BELLSOUTH - GA N TYBEE IS 230509 VERIZON SOUTH INC - NC (CONTEL) N HIGHLANDS 295185 BELLSOUTH - TN N NEWBERN 225192 BELLSOUTH - GA N VALDOSTA 230509 VERIZON SOUTH INC - NC (CONTEL) N HOTSPRINGS 295185 BELLSOUTH - TN N NEWPORT 225192 BELLSOUTH - GA N VIDALIA 230509 VERIZON SOUTH INC - NC (CONTEL) N MARION 295185 BELLSOUTH - TN N NORMANDY 225192 BELLSOUTH - GA N VILLA RICA 230509 VERIZON SOUTH INC - NC (CONTEL) N MARS HILL 295185 BELLSOUTH - TN N NORRIS 225192 BELLSOUTH - GA N WADLEY 230509 VERIZON SOUTH INC - NC (CONTEL) N MARSHALL 295185 BELLSOUTH - TN N NSPRINGHIL 225192 BELLSOUTH - GA N WARNERRBNS 230509 VERIZON SOUTH INC - NC (CONTEL) N MICAVILLE 295185 BELLSOUTH - TN N OAK RIDGE 225192 BELLSOUTH - GA N WARRENTON 230509 VERIZON SOUTH INC - NC (CONTEL) N MURPHY 295185 BELLSOUTH - TN N OLDHICKORY 225192 BELLSOUTH - GA N WATKINSVL 230509 VERIZON SOUTH INC - NC (CONTEL) N OLD FORT 295185 BELLSOUTH - TN N OLIVER SPG 225192 BELLSOUTH - GA N WAYCROSS 230509 VERIZON SOUTH INC - NC (CONTEL) N ROBBINSVL 295185 BELLSOUTH - TN N PALMYRA 225192 BELLSOUTH - GA N WAYNESBORO 230509 VERIZON SOUTH INC - NC (CONTEL) N SEVIER 295185 BELLSOUTH - TN N PARIS 225192 BELLSOUTH - GA N WOODBURY 230509 VERIZON SOUTH INC - NC (CONTEL) N SUIT 295185 BELLSOUTH - TN N PETERSBURG 225192 BELLSOUTH - GA N WRENS 230509 VERIZON SOUTH INC - NC (CONTEL) N SYLVA 295185 BELLSOUTH - TN N PLEASANTVW 225192 BELLSOUTH - GA N WRIGHTSVL 230509 VERIZON SOUTH INC - NC (CONTEL) N WEAVERVL 295185 BELLSOUTH - TN N PORTLAND 225192 BELLSOUTH - GA N ZEBULON 230479 VERIZON SOUTH INC. - NC N ALTON 295185 BELLSOUTH - TN N PULASKI 230479 VERIZON SOUTH INC. - NC N ALTON 295185 BELLSOUTH - TN N RIDGELY 230479 VERIZON SOUTH INC. - NC N CREEDMOOR 295185 BELLSOUTH - TN N RIPLEY 230479 VERIZON SOUTH INC. - NC N DURHAM 295185 BELLSOUTH - TN N ROCKWOOD 230479 VERIZON SOUTH INC. - NC N DURHAM 295185 BELLSOUTH - TN N ROGERSVL 230479 VERIZON SOUTH INC. - NC N GOOSECREEK 295185 BELLSOUTH - TN N SANGO 230479 VERIZON SOUTH INC. - NC N MONROE 295185 BELLSOUTH - TN N SANTA FE 230479 VERIZON SOUTH INC. - NC N MONROE 295185 BELLSOUTH - TN N SAVANNAH 295185 BELLSOUTH - TN N SCUNNINGHA 295185 BELLSOUTH - TN N SELMER 295185 BELLSOUTH - TN N SEVIERVL 295185 BELLSOUTH - TN N SEWANEE 295185 BELLSOUTH - TN N SHELBYVL 295185 BELLSOUTH - TN N SMYRNA 295185 BELLSOUTH - TN N SNEEDVILLE 295185 BELLSOUTH - TN N SO FULTON 295185 BELLSOUTH - TN N SO GUTHRIE 295185 BELLSOUTH - TN N SO PITTSBG 295185 BELLSOUTH - TN N SODDYDAISY 295185 BELLSOUTH - TN N SOFREDONIA 295185 BELLSOUTH - TN N SOLWAY 295185 BELLSOUTH - TN N SOMERVILLE 295185 BELLSOUTH - TN N SOOAKGROVE 295185 BELLSOUTH - TN N SPENCERMIL 295185 BELLSOUTH - TN N SPRINGCITY 295185 BELLSOUTH - TN N SPRINGFLD 295185 BELLSOUTH - TN N SPRINGHILL 295185 BELLSOUTH - TN N SUMMERTOWN 295185 BELLSOUTH - TN N SURGOINSVL 295185 BELLSOUTH - TN N SWEETWATER 295185 BELLSOUTH - TN N TIPTONVL 295185 BELLSOUTH - TN N TRENTON 295185 BELLSOUTH - TN N TRIUNE 295185 BELLSOUTH - TN N TROY 295185 BELLSOUTH - TN N TULLAHOMA 295185 BELLSOUTH - TN N UNION CITY 295185 BELLSOUTH - TN N VANLEER 295185 BELLSOUTH - TN N WARTRACE 295185 BELLSOUTH - TN N WATERTOWN 295185 BELLSOUTH - TN N WAVERLY 295185 BELLSOUTH - TN N WESTSWEETW 295185 BELLSOUTH - TN N WHITE PINE 295185 BELLSOUTH - TN N WHITEBLUFF 295185 BELLSOUTH - TN N WHITEHOUSE 295185 BELLSOUTH - TN N WHITEVILLE 295185 BELLSOUTH - TN N WHITWELL 295185 BELLSOUTH - TN N WILLIAMSPT 295185 BELLSOUTH - TN N WINCHESTER
Page 2 of 6
EXHIBIT D-2
LIST OF RURAL ILEC STUDY AREAS
Exhibits D-1 and D-2 for ETC Petition - updated NC and VA-6-21-05.xls - Exhibit D-2
Exhibit D-2 - The entirety of each of the rural ILEC study areas for GA, NC VA and TN Georgia North Carolina Virginia Tennessee SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE 223037 Alltel Georgia Communication Corp. R ABBEVILLE 230476 Alltel Carolina Inc. - North R ABERDEEN 190248 Scott County Tel. Coop. R CLINCHPORT 290557 CenturyTel of Claiborne, Inc. R NEWTAZWELL 223037 Alltel Georgia Communication Corp. R ADEL 230476 Alltel Carolina Inc. - North R ANSONVILLE 190248 Scott County Tel. Coop. R DUFFIELD 290557 CenturyTel of Claiborne, Inc. R SHARPSCHPL 223037 Alltel Georgia Communication Corp. R ALAPAHA 230476 Alltel Carolina Inc. - North R BROADWAY 190248 Scott County Tel. Coop. R DUNGANNON 290567 UNITED TELEPHONE INTER-MOUNTAINR BAILEYTON 223037 Alltel Georgia Communication Corp. R ASHBURN 230476 Alltel Carolina Inc. - North R COLUMBUS 190248 Scott County Tel. Coop. R FT BLACKMR 290567 UNITED TELEPHONE INTER-MOUNTAINR BLOUNTVL 223037 Alltel Georgia Communication Corp. R BARWICK 230476 Alltel Carolina Inc. - North R DENTON 190248 Scott County Tel. Coop. R NICKELSVL 290567 UNITED TELEPHONE INTER-MOUNTAINR BLUFF CITY 223037 Alltel Georgia Communication Corp. R BERLIN 230476 Alltel Carolina Inc. - North R GREENCREEK 190248 Scott County Tel. Coop. R WILLIAMSML 290567 UNITED TELEPHONE INTER-MOUNTAINR BRISTOL 223037 Alltel Georgia Communication Corp. R BLUFFTON 230476 Alltel Carolina Inc. - North R GRTQRRCKWL 190567 SPRINT / UNITED SOUTHEAST-VA R ABINGDON 290567 UNITED TELEPHONE INTER-MOUNTAINR BUTLER 223037 Alltel Georgia Communication Corp. R BOSTON 230476 Alltel Carolina Inc. - North R HEMBY BDG 190567 SPRINT / UNITED SOUTHEAST-VA R BRISTOL 290567 UNITED TELEPHONE INTER-MOUNTAINR CHURCHHILL 223037 Alltel Georgia Communication Corp. R BROXTON 230476 Alltel Carolina Inc. - North R INDIANTRAL 190567 SPRINT / UNITED SOUTHEAST-VA R CHILHOWIE 290567 UNITED TELEPHONE INTER-MOUNTAINR ELIZABTHTN 223037 Alltel Georgia Communication Corp. R BUENAVISTA 230476 Alltel Carolina Inc. - North R KING 190567 SPRINT / UNITED SOUTHEAST-VA R DAMASCUS 290567 UNITED TELEPHONE INTER-MOUNTAINR ERWIN 223037 Alltel Georgia Communication Corp. R BYROMVILLE 230476 Alltel Carolina Inc. - North R LAURELHILL 190567 SPRINT / UNITED SOUTHEAST-VA R GATE CITY 290567 UNITED TELEPHONE INTER-MOUNTAINR FALLBRANCH 223037 Alltel Georgia Communication Corp. R CANTON 230476 Alltel Carolina Inc. - North R LEWISVILLE 190567 SPRINT / UNITED SOUTHEAST-VA R GLADE SPG 290567 UNITED TELEPHONE INTER-MOUNTAINR GREENEVL 223037 Alltel Georgia Communication Corp. R CARNESVL 230476 Alltel Carolina Inc. - North R LILESVILLE 190567 SPRINT / UNITED SOUTHEAST-VA R KONNAROCK 290567 UNITED TELEPHONE INTER-MOUNTAINR HAMPTON 223037 Alltel Georgia Communication Corp. R CHATSWORTH 230476 Alltel Carolina Inc. - North R MARSHVILLE 190567 SPRINT / UNITED SOUTHEAST-VA R MARION 290567 UNITED TELEPHONE INTER-MOUNTAINR JOHNSON CY 223037 Alltel Georgia Communication Corp. R COHUTTA 230476 Alltel Carolina Inc. - North R MATTHEWS 190567 SPRINT / UNITED SOUTHEAST-VA R MEADOWVIEW 290567 UNITED TELEPHONE INTER-MOUNTAINR JONESBORO 223037 Alltel Georgia Communication Corp. R COOLIDGE 230476 Alltel Carolina Inc. - North R MOORESVL 190567 SPRINT / UNITED SOUTHEAST-VA R MORRISONCY 290567 UNITED TELEPHONE INTER-MOUNTAINR KINGSPORT 223037 Alltel Georgia Communication Corp. R CUTHBERT 230476 Alltel Carolina Inc. - North R MORVEN 190567 SPRINT / UNITED SOUTHEAST-VA R MOUTHWILSN 290567 UNITED TELEPHONE INTER-MOUNTAINR LIMESTONE 223037 Alltel Georgia Communication Corp. R DALTON 230476 Alltel Carolina Inc. - North R NEW SALEM 190567 SPRINT / UNITED SOUTHEAST-VA R RICHVALLEY 290567 UNITED TELEPHONE INTER-MOUNTAINR MIDWAY SUL 223037 Alltel Georgia Communication Corp. R DAWSON 230476 Alltel Carolina Inc. - North R NORWOOD 190567 SPRINT / UNITED SOUTHEAST-VA R SALTVILLE 290567 UNITED TELEPHONE INTER-MOUNTAINR MIDWAY WA 223037 Alltel Georgia Communication Corp. R DOERUN 230476 Alltel Carolina Inc. - North R OLDTOWN 190567 SPRINT / UNITED SOUTHEAST-VA R SUGARGROVE 290567 UNITED TELEPHONE INTER-MOUNTAINR MOSHEIM 223037 Alltel Georgia Communication Corp. R DOUGLAS 230476 Alltel Carolina Inc. - North R OLIVIA 190479 VERIZON SOUTH INC - VA R RICHLANDS 290567 UNITED TELEPHONE INTER-MOUNTAINR MOUNTAINCY 223037 Alltel Georgia Communication Corp. R EASTANOLLE 230476 Alltel Carolina Inc. - North R PEACHLPKTN 290567 UNITED TELEPHONE INTER-MOUNTAINR ROAN MT 223037 Alltel Georgia Communication Corp. R EDISON 230476 Alltel Carolina Inc. - North R PINEBLUFF 290567 UNITED TELEPHONE INTER-MOUNTAINR STONEY CRK 223037 Alltel Georgia Communication Corp. R ELLAVILLE 230476 Alltel Carolina Inc. - North R RURAL HALL 290567 UNITED TELEPHONE INTER-MOUNTAINR SULIVNGDNS 223037 Alltel Georgia Communication Corp. R ENIGMA 230476 Alltel Carolina Inc. - North R SANFORD 223037 Alltel Georgia Communication Corp. R FITZGERALD 230476 Alltel Carolina Inc. - North R STANLEYVL 223037 Alltel Georgia Communication Corp. R FORTGAINES 230476 Alltel Carolina Inc. - North R TRYON 223037 Alltel Georgia Communication Corp. R FUNSTON 230476 Alltel Carolina Inc. - North R WADESBORO 223037 Alltel Georgia Communication Corp. R HAHIRA 230476 Alltel Carolina Inc. - North R WAGRAM 223037 Alltel Georgia Communication Corp. R IDEAL 230476 Alltel Carolina Inc. - North R WAXHAW 223037 Alltel Georgia Communication Corp. R IRWINVILLE 230476 Alltel Carolina Inc. - North R WINGATE 223037 Alltel Georgia Communication Corp. R JACKSONVL 230468 Atlantic Tel. Membership Corp. R BLNGSPGLKS 223037 Alltel Georgia Communication Corp. R JASPER 230468 Atlantic Tel. Membership Corp. R BOLIVIA 223037 Alltel Georgia Communication Corp. R LAKELAND 230468 Atlantic Tel. Membership Corp. R HOLDEN BCH 223037 Alltel Georgia Communication Corp. R LAVONIA 230468 Atlantic Tel. Membership Corp. R LONGWOOD 223037 Alltel Georgia Communication Corp. R LYERLY 230468 Atlantic Tel. Membership Corp. R SEASIDE 223037 Alltel Georgia Communication Corp. R MANCHESTER 230468 Atlantic Tel. Membership Corp. R SHALLOTTE 223037 Alltel Georgia Communication Corp. R MARSHALLVL 230469 Barnardsville Tel. Co. dba TDS Telecom R BARNARDSVL 223037 Alltel Georgia Communication Corp. R MCRAE 230473 Citizens Tel. Co. R BREVARD 223037 Alltel Georgia Communication Corp. R MEIGS 230478 Ellerbe Telephone Company R ELLERBE 223037 Alltel Georgia Communication Corp. R MENLO 230483 Lexcom Telephone Co. R LEXINGTON 223037 Alltel Georgia Communication Corp. R MILLEDGEVL 230483 Lexcom Telephone Co. R SOUTHMONT 223037 Alltel Georgia Communication Corp. R MONROE 230483 Lexcom Telephone Co. R WELCOME 223037 Alltel Georgia Communication Corp. R MONTEZUMA 230485 MebTel, Inc. R MEBANE 223037 Alltel Georgia Communication Corp. R MORGAN 230497 Piedmont Telephone Membership Corp. R CHURCHLAND 223037 Alltel Georgia Communication Corp. R MORVEN 230497 Piedmont Telephone Membership Corp. R REEDS 223037 Alltel Georgia Communication Corp. R MOULTRIE 230494 Pineville Tel. Co. R PINEVILLE 223037 Alltel Georgia Communication Corp. R MT VERNON 230495 Randolph Tel. Co. R LIBERTY-RA 223037 Alltel Georgia Communication Corp. R NASHVILLE 230496 Randolph Tel. Membership Corp. R BADIN LAKE 223037 Alltel Georgia Communication Corp. R NORMANPARK 230496 Randolph Tel. Membership Corp. R BENNETT 223037 Alltel Georgia Communication Corp. R OCILLA 230496 Randolph Tel. Membership Corp. R COLERIDGE 223037 Alltel Georgia Communication Corp. R PARROTT 230496 Randolph Tel. Membership Corp. R FARMER 223037 Alltel Georgia Communication Corp. R PAVO 230496 Randolph Tel. Membership Corp. R HIGHFALLS 223037 Alltel Georgia Communication Corp. R PERRY 230496 Randolph Tel. Membership Corp. R JACKSONCRK 223037 Alltel Georgia Communication Corp. R PRESTON 230496 Randolph Tel. Membership Corp. R PISGAH 223037 Alltel Georgia Communication Corp. R QUITMAN 230498 Saluda Mountain Tel. Co. dba TDS TelecoR SALUDA 223037 Alltel Georgia Communication Corp. R RAY CITY 230500 Service Tel. Co. dba TDS Telecom R FAIR BLUFF 223037 Alltel Georgia Communication Corp. R SASSER 230501 Skyline Tel. Membership Corp. R BALDWIN 223037 Alltel Georgia Communication Corp. R SHELLMAN 230501 Skyline Tel. Membership Corp. R BANNER ELK 223037 Alltel Georgia Communication Corp. R SUMMERVL 230501 Skyline Tel. Membership Corp. R BEECH MT 223037 Alltel Georgia Communication Corp. R TOCCOA 230501 Skyline Tel. Membership Corp. R CRESTON 223037 Alltel Georgia Communication Corp. R TRION 230501 Skyline Tel. Membership Corp. R GLADECREEK 223037 Alltel Georgia Communication Corp. R TUNNELHILL 230501 Skyline Tel. Membership Corp. R LANSING 223037 Alltel Georgia Communication Corp. R UNADILLA 230501 Skyline Tel. Membership Corp. R NATHANSCRK 223037 Alltel Georgia Communication Corp. R WARM SPG 230501 Skyline Tel. Membership Corp. R SCOTTVILLE 223037 Alltel Georgia Communication Corp. R WINDER 230501 Skyline Tel. Membership Corp. R SPARTA 223037 Alltel Georgia Communication Corp. R WOODLAND 230501 Skyline Tel. Membership Corp. R SUGARGROVE 220357 Alltel Georgia Inc. R BRASELTON 230501 Skyline Tel. Membership Corp. R WATAUGA 220357 Alltel Georgia Inc. R BYRON 230470 Sprint/Carolina Telephone & Telegraph CoR ANGIER 220357 Alltel Georgia Inc. R CAIRO 230470 Sprint/Carolina Telephone & Telegraph CoR ATLANTIC 220357 Alltel Georgia Inc. R CALVAYRENO 230470 Sprint/Carolina Telephone & Telegraph CoR AULANDER 220357 Alltel Georgia Inc. R CARLTON 230470 Sprint/Carolina Telephone & Telegraph CoR AURORA 220357 Alltel Georgia Inc. R CENTERVL 230470 Sprint/Carolina Telephone & Telegraph CoR AYDEN 220357 Alltel Georgia Inc. R COLBERT 230470 Sprint/Carolina Telephone & Telegraph CoR BAILEY 220357 Alltel Georgia Inc. R COMER 230470 Sprint/Carolina Telephone & Telegraph CoR BATH 220357 Alltel Georgia Inc. R COMMERCE 230470 Sprint/Carolina Telephone & Telegraph CoR BAYBORO 220357 Alltel Georgia Inc. R DANIELSVL 230470 Sprint/Carolina Telephone & Telegraph CoR BEAUFORT 220357 Alltel Georgia Inc. R HOMER 230470 Sprint/Carolina Telephone & Telegraph CoR BELHAVEN 220357 Alltel Georgia Inc. R ILA 230470 Sprint/Carolina Telephone & Telegraph CoR BENSON 220357 Alltel Georgia Inc. R JEFFERSON 230470 Sprint/Carolina Telephone & Telegraph CoR BETHEL 220357 Alltel Georgia Inc. R LEXINGTON 230470 Sprint/Carolina Telephone & Telegraph CoR BEULAVILLE 220357 Alltel Georgia Inc. R MAXEYS 230470 Sprint/Carolina Telephone & Telegraph CoR BLADENBORO 220357 Alltel Georgia Inc. R MAYSVILLE 230470 Sprint/Carolina Telephone & Telegraph CoR BONLEE 220357 Alltel Georgia Inc. R NICHOLSON 230470 Sprint/Carolina Telephone & Telegraph CoR BUXTON 220357 Alltel Georgia Inc. R PENDERGRSS 230470 Sprint/Carolina Telephone & Telegraph CoR CARTHAGE 220357 Alltel Georgia Inc. R UNIONPOINT 230470 Sprint/Carolina Telephone & Telegraph CoR CHADBOURN 220357 Alltel Georgia Inc. R WHITE PL 230470 Sprint/Carolina Telephone & Telegraph CoR CLARKTON
Page 3 of 6 Exhibits D-1 and D-2 for ETC Petition - updated NC and VA-6-21-05.xls - Exhibit D-2
Exhibit D-2 - The entirety of each of the rural ILEC study areas for GA, NC VA and TN Georgia North Carolina Virginia Tennessee SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE 220357 Alltel Georgia Inc. R WINTERVL 230470 Sprint/Carolina Telephone & Telegraph CoR CLAYTON 220348 Bulloch County Rural Tel. Coop. Inc. R ANDERSON 230470 Sprint/Carolina Telephone & Telegraph CoR CLINTON 220348 Bulloch County Rural Tel. Coop. Inc. R BROOKLET 230470 Sprint/Carolina Telephone & Telegraph CoR COLERAIN 220348 Bulloch County Rural Tel. Coop. Inc. R CLITO 230470 Sprint/Carolina Telephone & Telegraph CoR COLUMBIA 220348 Bulloch County Rural Tel. Coop. Inc. R NEVILS 230470 Sprint/Carolina Telephone & Telegraph CoR CONWAY 220348 Bulloch County Rural Tel. Coop. Inc. R PORTAL 230470 Sprint/Carolina Telephone & Telegraph CoR CRESWELL 220348 Bulloch County Rural Tel. Coop. Inc. R STILSON 230470 Sprint/Carolina Telephone & Telegraph CoR DUNN 220356 Coastal Utilities Inc. R HINESVILLE 230470 Sprint/Carolina Telephone & Telegraph CoR ELIZABTHTN 220356 Coastal Utilities Inc. R Keller 230470 Sprint/Carolina Telephone & Telegraph CoR ELM CITY 220356 Coastal Utilities Inc. R MIDWAY 230470 Sprint/Carolina Telephone & Telegraph CoR ENFIELD 220356 Coastal Utilities Inc. R RICHMONDHL 230470 Sprint/Carolina Telephone & Telegraph CoR ENGELHARD 220362 Frontier Communications of Fairmount, LLR FAIRMOUNT 230470 Sprint/Carolina Telephone & Telegraph CoR FAISON 220362 Frontier Communications of Fairmount, LLR RANGER 230470 Sprint/Carolina Telephone & Telegraph CoR FARMVILLE 220387 Frontier Communications of Georgia, LLC R REGISTER 230470 Sprint/Carolina Telephone & Telegraph CoR FAYETTEVL 220387 Frontier Communications of Georgia, LLC R STATESBORO 230470 Sprint/Carolina Telephone & Telegraph CoR FOUNTAIN 223036 Georgia Alltel Telecom, Inc. R ALAMO 230470 Sprint/Carolina Telephone & Telegraph CoR FOUR OAKS 223036 Georgia Alltel Telecom, Inc. R CLAYTON 230470 Sprint/Carolina Telephone & Telegraph CoR FRANKLINTN 223036 Georgia Alltel Telecom, Inc. R COLLINS 230470 Sprint/Carolina Telephone & Telegraph CoR FREMONT 223036 Georgia Alltel Telecom, Inc. R DANVILLE 230470 Sprint/Carolina Telephone & Telegraph CoR FUQUAYVRIN 223036 Georgia Alltel Telecom, Inc. R DILLRDMTCY 230470 Sprint/Carolina Telephone & Telegraph CoR GARLAND 223036 Georgia Alltel Telecom, Inc. R DONALSONVL 230470 Sprint/Carolina Telephone & Telegraph CoR GIBSONVL 223036 Georgia Alltel Telecom, Inc. R FARGO 230470 Sprint/Carolina Telephone & Telegraph CoR GOLDSTON 223036 Georgia Alltel Telecom, Inc. R FOLKSTON 230470 Sprint/Carolina Telephone & Telegraph CoR GREENVILLE 223036 Georgia Alltel Telecom, Inc. R GLENNVILLE 230470 Sprint/Carolina Telephone & Telegraph CoR GRIFTON 223036 Georgia Alltel Telecom, Inc. R GRAY 230470 Sprint/Carolina Telephone & Telegraph CoR HALIFAX 223036 Georgia Alltel Telecom, Inc. R HADDOCK 230470 Sprint/Carolina Telephone & Telegraph CoR HAMILTON 223036 Georgia Alltel Telecom, Inc. R HOMERVILLE 230470 Sprint/Carolina Telephone & Telegraph CoR HAVELOCK 223036 Georgia Alltel Telecom, Inc. R IRON CITY 230470 Sprint/Carolina Telephone & Telegraph CoR HENDERSON 223036 Georgia Alltel Telecom, Inc. R JAKIN 230470 Sprint/Carolina Telephone & Telegraph CoR HOLLYRIDGE 223036 Georgia Alltel Telecom, Inc. R JEFFERSNVL 230470 Sprint/Carolina Telephone & Telegraph CoR JACKSON 223036 Georgia Alltel Telecom, Inc. R KENSINGTON 230470 Sprint/Carolina Telephone & Telegraph CoR JACKSONVL 223036 Georgia Alltel Telecom, Inc. R LA FAYETTE 230470 Sprint/Carolina Telephone & Telegraph CoR KENANSVL 223036 Georgia Alltel Telecom, Inc. R LKSINCLAIR 230470 Sprint/Carolina Telephone & Telegraph CoR KENLY 223036 Georgia Alltel Telecom, Inc. R LUDOWICI 230470 Sprint/Carolina Telephone & Telegraph CoR KERNERSVL 223036 Georgia Alltel Telecom, Inc. R MILAN 230470 Sprint/Carolina Telephone & Telegraph CoR KINSTON 223036 Georgia Alltel Telecom, Inc. R MONTROSE 230470 Sprint/Carolina Telephone & Telegraph CoR LA GRANGE 223036 Georgia Alltel Telecom, Inc. R NOBLE 230470 Sprint/Carolina Telephone & Telegraph CoR LEWISTON 223036 Georgia Alltel Telecom, Inc. R ODUM 230470 Sprint/Carolina Telephone & Telegraph CoR LILLINGTON 223036 Georgia Alltel Telecom, Inc. R PINEVIEW 230470 Sprint/Carolina Telephone & Telegraph CoR LITTLETON 223036 Georgia Alltel Telecom, Inc. R PITTS 230470 Sprint/Carolina Telephone & Telegraph CoR LKWACCAMAW 223036 Georgia Alltel Telecom, Inc. R REBECCA 230470 Sprint/Carolina Telephone & Telegraph CoR LOUISBURG 223036 Georgia Alltel Telecom, Inc. R REIDSVILLE 230470 Sprint/Carolina Telephone & Telegraph CoR LUCAMA 223036 Georgia Alltel Telecom, Inc. R REYNOLDSVL 230470 Sprint/Carolina Telephone & Telegraph CoR MAMIE 223036 Georgia Alltel Telecom, Inc. R RHINE 230470 Sprint/Carolina Telephone & Telegraph CoR MARSHALLBG 223036 Georgia Alltel Telecom, Inc. R RINCON 230470 Sprint/Carolina Telephone & Telegraph CoR MAXTON 223036 Georgia Alltel Telecom, Inc. R ROCHELLE 230470 Sprint/Carolina Telephone & Telegraph CoR MAYSVILLE 223036 Georgia Alltel Telecom, Inc. R SCREVEN 230470 Sprint/Carolina Telephone & Telegraph CoR MOREHEADCY 223036 Georgia Alltel Telecom, Inc. R SPRINGFLD 230470 Sprint/Carolina Telephone & Telegraph CoR MOSS HILL 223036 Georgia Alltel Telecom, Inc. R ST GEORGE 230470 Sprint/Carolina Telephone & Telegraph CoR MURFREESBO 223036 Georgia Alltel Telecom, Inc. R SYLVANIA 230470 Sprint/Carolina Telephone & Telegraph CoR NASHVILLE 223036 Georgia Alltel Telecom, Inc. R THOMASTON 230470 Sprint/Carolina Telephone & Telegraph CoR NEW BERN 223036 Georgia Alltel Telecom, Inc. R UVALDA 230470 Sprint/Carolina Telephone & Telegraph CoR NEWPORT 223036 Georgia Alltel Telecom, Inc. R VILLANOW 230470 Sprint/Carolina Telephone & Telegraph CoR NEWTON GRV 223036 Georgia Alltel Telecom, Inc. R YATESVILLE 230470 Sprint/Carolina Telephone & Telegraph CoR NORLINA 220368 Hart Telephone Company, Inc. R HARTWELL 230470 Sprint/Carolina Telephone & Telegraph CoR OCRACOKE 220376 Pembroke Tel. Co. Inc. R ELLABELLE 230470 Sprint/Carolina Telephone & Telegraph CoR ORIENTAL 220376 Pembroke Tel. Co. Inc. R PEMBROKE 230470 Sprint/Carolina Telephone & Telegraph CoR OXFORD 220377 Pineland Tel. Coop. Inc. R ADRIAN 230470 Sprint/Carolina Telephone & Telegraph CoR PARKTON 220377 Pineland Tel. Coop. Inc. R BARTOW 230470 Sprint/Carolina Telephone & Telegraph CoR PINEHURST 220377 Pineland Tel. Coop. Inc. R COBBTOWN 230470 Sprint/Carolina Telephone & Telegraph CoR PINETOPS 220377 Pineland Tel. Coop. Inc. R DAVISBORO 230470 Sprint/Carolina Telephone & Telegraph CoR PINK HILL 220377 Pineland Tel. Coop. Inc. R KITE 230470 Sprint/Carolina Telephone & Telegraph CoR PITTSBORO 220377 Pineland Tel. Coop. Inc. R LEXSY 230470 Sprint/Carolina Telephone & Telegraph CoR PLYMOUTH 220377 Pineland Tel. Coop. Inc. R METTER 230470 Sprint/Carolina Telephone & Telegraph CoR POLLOCKSVL 220377 Pineland Tel. Coop. Inc. R MIDVILLE 230470 Sprint/Carolina Telephone & Telegraph CoR PRINCETON 220377 Pineland Tel. Coop. Inc. R OAK PARK 230470 Sprint/Carolina Telephone & Telegraph CoR RAEFORD 220377 Pineland Tel. Coop. Inc. R TWIN CITY 230470 Sprint/Carolina Telephone & Telegraph CoR REDSPRINGS 220378 Planters Telephone Rural Telephone Co-oR DOVER 230470 Sprint/Carolina Telephone & Telegraph CoR RICHLANDS 220378 Planters Telephone Rural Telephone Co-oR GUYTON 230470 Sprint/Carolina Telephone & Telegraph CoR RICHSQUARE 220378 Planters Telephone Rural Telephone Co-oR HILLTONIA 230470 Sprint/Carolina Telephone & Telegraph CoR ROANOKERPD 220378 Planters Telephone Rural Telephone Co-oR NEWINGTON 230470 Sprint/Carolina Telephone & Telegraph CoR ROBBINS 220378 Planters Telephone Rural Telephone Co-oR SO GUYTON 230470 Sprint/Carolina Telephone & Telegraph CoR ROBERSONVL 220394 Wilkes Tel. & Elec. Co. Inc. R CRAWFORDVL 230470 Sprint/Carolina Telephone & Telegraph CoR ROCKYMOUNT 220394 Wilkes Tel. & Elec. Co. Inc. R LINCOLNTON 230470 Sprint/Carolina Telephone & Telegraph CoR ROSE HILL 220394 Wilkes Tel. & Elec. Co. Inc. R METASVILLE 230470 Sprint/Carolina Telephone & Telegraph CoR ROSEBORO 220394 Wilkes Tel. & Elec. Co. Inc. R RAYLE 230470 Sprint/Carolina Telephone & Telegraph CoR ROXOBEL 220394 Wilkes Tel. & Elec. Co. Inc. R TIGNALL 230470 Sprint/Carolina Telephone & Telegraph CoR SCOTLDNECK 220394 Wilkes Tel. & Elec. Co. Inc. R WASHINGTON 230470 Sprint/Carolina Telephone & Telegraph CoR SEABOARD 230470 Sprint/Carolina Telephone & Telegraph CoR SILER CITY 230470 Sprint/Carolina Telephone & Telegraph CoR SMITHFIELD 230470 Sprint/Carolina Telephone & Telegraph CoR SNEADSFRRY 230470 Sprint/Carolina Telephone & Telegraph CoR SNOW HILL 230470 Sprint/Carolina Telephone & Telegraph CoR SOUTHEPINS 230470 Sprint/Carolina Telephone & Telegraph CoR SPRINGHOPE 230470 Sprint/Carolina Telephone & Telegraph CoR ST PAULS 230470 Sprint/Carolina Telephone & Telegraph CoR STANTONSBG 230470 Sprint/Carolina Telephone & Telegraph CoR SWANQUARTR
Page 4 of 6 Exhibits D-1 and D-2 for ETC Petition - updated NC and VA-6-21-05.xls - Exhibit D-2
Exhibit D-2 - The entirety of each of the rural ILEC study areas for GA, NC VA and TN Georgia North Carolina Virginia Tennessee SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE 230470 Sprint/Carolina Telephone & Telegraph CoR SWANSBORO 230470 Sprint/Carolina Telephone & Telegraph CoR TABOR CITY 230470 Sprint/Carolina Telephone & Telegraph CoR TARBORO 230470 Sprint/Carolina Telephone & Telegraph CoR TOPSAIL IS 230470 Sprint/Carolina Telephone & Telegraph CoR TRENTON 230470 Sprint/Carolina Telephone & Telegraph CoR VANCEBORO 230470 Sprint/Carolina Telephone & Telegraph CoR VASS 230470 Sprint/Carolina Telephone & Telegraph CoR WAKEFOREST 230470 Sprint/Carolina Telephone & Telegraph CoR WALLACE 230470 Sprint/Carolina Telephone & Telegraph CoR WARRENTON 230470 Sprint/Carolina Telephone & Telegraph CoR WARSAW 230470 Sprint/Carolina Telephone & Telegraph CoR WASHINGTON 230470 Sprint/Carolina Telephone & Telegraph CoR WAVES 230470 Sprint/Carolina Telephone & Telegraph CoR WELDON 230470 Sprint/Carolina Telephone & Telegraph CoR WHISPEPINS 230470 Sprint/Carolina Telephone & Telegraph CoR WHITAKERS 230470 Sprint/Carolina Telephone & Telegraph CoR WHITEVILLE 230470 Sprint/Carolina Telephone & Telegraph CoR WILLIAMSTN 230470 Sprint/Carolina Telephone & Telegraph CoR WILSON 230470 Sprint/Carolina Telephone & Telegraph CoR WINDSOR 230470 Sprint/Carolina Telephone & Telegraph CoR WOODLAND 230471 Sprint/Central Telephone Company - NorthR ASHEBORO 230471 Sprint/Central Telephone Company - NorthR BETHLEHEM 230471 Sprint/Central Telephone Company - NorthR BISCOE 230471 Sprint/Central Telephone Company - NorthR BOONVILLE 230471 Sprint/Central Telephone Company - NorthR CANDOR 230471 Sprint/Central Telephone Company - NorthR CATAWBA 230471 Sprint/Central Telephone Company - NorthR DANBURY 230471 Sprint/Central Telephone Company - NorthR DOBSON 230471 Sprint/Central Telephone Company - NorthR EDEN 230471 Sprint/Central Telephone Company - NorthR ELKIN 230471 Sprint/Central Telephone Company - NorthR GRANITEFLS 230471 Sprint/Central Telephone Company - NorthR HAYS 230471 Sprint/Central Telephone Company - NorthR HICKORY 230471 Sprint/Central Telephone Company - NorthR HILDEBRAN 230471 Sprint/Central Telephone Company - NorthR HILLSBORGH 230471 Sprint/Central Telephone Company - NorthR MADISON 230471 Sprint/Central Telephone Company - NorthR MOCKSVILLE 230471 Sprint/Central Telephone Company - NorthR MOUNT AIRY 230471 Sprint/Central Telephone Company - NorthR MT GILEAD 230471 Sprint/Central Telephone Company - NorthR MT VIEW 230471 Sprint/Central Telephone Company - NorthR MULBERRY 230471 Sprint/Central Telephone Company - NorthR NOWILKESBO 230471 Sprint/Central Telephone Company - NorthR PILOT MT 230471 Sprint/Central Telephone Company - NorthR QUAKER GAP 230471 Sprint/Central Telephone Company - NorthR RAMSEUR 230471 Sprint/Central Telephone Company - NorthR ROARINGGAP 230471 Sprint/Central Telephone Company - NorthR ROXBORO 230471 Sprint/Central Telephone Company - NorthR SANDYRIDGE 230471 Sprint/Central Telephone Company - NorthR SEAGROVE 230471 Sprint/Central Telephone Company - NorthR SHERILLSFD 230471 Sprint/Central Telephone Company - NorthR STATE ROAD 230471 Sprint/Central Telephone Company - NorthR STONEVILLE 230471 Sprint/Central Telephone Company - NorthR TIMBERLAKE 230471 Sprint/Central Telephone Company - NorthR TROY 230471 Sprint/Central Telephone Company - NorthR VALDESE 230471 Sprint/Central Telephone Company - NorthR VIRGILINA 230471 Sprint/Central Telephone Company - NorthR WALKERTOWN 230471 Sprint/Central Telephone Company - NorthR WALNUTCOVE 230471 Sprint/Central Telephone Company - NorthR WEST END 230471 Sprint/Central Telephone Company - NorthR WJEFFERSON 230471 Sprint/Central Telephone Company - NorthR YADKINVL 230502 Star Tel. Membership Corp. R ABBOTTSBG 230502 Star Tel. Membership Corp. R COHARIE 230502 Star Tel. Membership Corp. R CYPRESSCRK 230502 Star Tel. Membership Corp. R HARRELLS 230502 Star Tel. Membership Corp. R HERRING 230502 Star Tel. Membership Corp. R KELLY 230502 Star Tel. Membership Corp. R LISBON 230502 Star Tel. Membership Corp. R SIX RUN 230502 Star Tel. Membership Corp. R SOUTHRIVER 230502 Star Tel. Membership Corp. R WHITE OAK 230503 Surry Tel. Membership Corp. R BEULAH 230503 Surry Tel. Membership Corp. R LEVELCROSS 230503 Surry Tel. Membership Corp. R RED BRUSH 230503 Surry Tel. Membership Corp. R SHOALS 230503 Surry Tel. Membership Corp. R WESTFIELD 230503 Surry Tel. Membership Corp. R ZEPHYR 230474 The Concord Telephone Company, Inc. R ALBEMARLE 230474 The Concord Telephone Company, Inc. R BADIN 230474 The Concord Telephone Company, Inc. R CHNGRVLNDS 230474 The Concord Telephone Company, Inc. R CONCORD 230474 The Concord Telephone Company, Inc. R HARRISBURG 230474 The Concord Telephone Company, Inc. R KANNAPOLIS 230474 The Concord Telephone Company, Inc. R MTPLEASANT 230474 The Concord Telephone Company, Inc. R NEW LONDON 230474 The Concord Telephone Company, Inc. R OAKBORO
Page 5 of 6 Exhibits D-1 and D-2 for ETC Petition - updated NC and VA-6-21-05.xls - Exhibit D-2
Exhibit D-2 - The entirety of each of the rural ILEC study areas for GA, NC VA and TN Georgia North Carolina Virginia Tennessee SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE SAC Study_Area_Name Rural RC_ABBRE 230505 Tri-County Tel. Membership Corp. R PIKE ROAD 230505 Tri-County Tel. Membership Corp. R PINETOWN 230505 Tri-County Tel. Membership Corp. R SIDNEY 230510 Wilkes Telephone Membership Corporatio R BOOMER 230510 Wilkes Telephone Membership Corporatio R CHAMPION 230510 Wilkes Telephone Membership Corporatio R CLINGMAN 230510 Wilkes Telephone Membership Corporatio R LOMAX 230511 Yadkin Valley Tel. Membership Corp. R ADVANCE 230511 Yadkin Valley Tel. Membership Corp. R BROOKS 230511 Yadkin Valley Tel. Membership Corp. R COOLEEMEE 230511 Yadkin Valley Tel. Membership Corp. R COURTNEY 230511 Yadkin Valley Tel. Membership Corp. R EAST BEND 230511 Yadkin Valley Tel. Membership Corp. R FORBUSH 230511 Yadkin Valley Tel. Membership Corp. R HARMONY 230511 Yadkin Valley Tel. Membership Corp. R IJAMES 230511 Yadkin Valley Tel. Membership Corp. R NEW HOPE 230511 Yadkin Valley Tel. Membership Corp. R UNIONGROVE
Page 6 of 6 REDACTED VERSION FOR PUBLIC INSPECTION
Exhibit E
SunCom’s Five Year Plan for Network Improvements Due to the Receipt of High-Cost Support
The attached spreadsheet [NOT INCLUDED WITH REDACTED VERSION] demonstrates that SunCom will use the universal service support funds that it receives for maintaining and improving service in a manner that would not occur absent receipt of such support. The first page of the spreadsheet lists [REDACTED] cell sites in rural portions of [REDACTED] BTAs in which usage is low, due to the low population densities of the relatively rural areas that these cell sites serve, and accordingly the cost of operating these cell sites exceeds the revenues attributable to them by a total of over [REDACTED] per year. In the absence of universal service support, SunCom would have to decommission these highly unprofitable cell sites. However, if SunCom receives ETC designation and universal service support, it will continue operating these [REDACTED] cell sites. The second page of the spreadsheet provides a list of [REDACTED] cell sites that SunCom would like to construct in rural portions of [REDACTED] BTAs – at a total cost of [REDACTED] – over the next five years. It would not be profitable to construct these cell sites if universal service funding is unavailable, but if SunCom receives ETC designation it plans to construct these sites. The third page of the spreadsheet lists the operating costs associated with the [REDACTED] cell sites referred to in the preceding paragraph. SunCom expects to incur over [REDACTED] per year in operating costs on these cell sites. Again, these cell sites will be constructed only if SunCom receives ETC designation and obtains access to high-cost universal service support. The parameters of these build-out plans may change over time in response to changes in customer demand and other marketplace conditions. At the present time, however, these plans constitute a good-faith estimate of the universal service benefits – due to expanded coverage and improved signal strength and service quality – that rural consumers in Georgia, North Carolina, Virginia, and Tennessee will enjoy as a result of the Commission’s designating SunCom as an ETC.
EXHIBIT F
DECLARATION OF CHARLES KALLENBACH
Current Lifeline Offering Monthly 4G Walmart Family Mobile Price Talk Text Data Price Talk Text Data Price Talk Text Data
145 Whever minutes 1500 Talk and Text - any Unlimited $19.99 500 Night minutes N/A N/A $30 combo of minutes and 30 MB $45 Unlimited Unlimited (250MB - 3G 500 Weekend minutes messages speed)
Add 1GB of 3G Unlimited $10 speed $50 Unlimited Unlimited (100MB) $20 Add 3GB of 3G speed No annual contract, no credit check. WFM customers buy Unlimited handset or use existing handset and must purchase a starter $60 Unlimited Unlimited (2GB) kit to activate. Extras Pack available for add'l purchase: Purchase ringtones, games, etc. Also International Roaming and LD -- calls to Mexico, Canada and 12 other countries for Unlimited $70 Unlimited Unlimited $.05/min (landline and mobile). Bill info available at (5GB) Add Unlim. International Talk & Text www.myfamilymobile.com; paper bills not sent, customers $10 on plans $50+/month. receive bill summary via text msg. No annual contract, no credit check. Features available for 30 days; if sufficient account balance, plans automatically renew at expiration. If balance is insufficient to renew for 60 days, account will be converted to Pay As You Go. Unlim. International Talk & Text Add-on: Unlim. calling while on TMO network to landlines in more than 50 countries; Unlim. texting to mobile phones in more than Lifeline Notice
Check to see if you qualify for discounted monthly wireless service. Save money with Lifeline T-Mobile® customers in Georgia may be eligible to receive discounted wireless telecommunications service of $6.49 per month under the Lifeline program and a one-time reduced activation fee under the Link Up program. Qualifying for Lifeline and/or Link Up In Georgia, customers may qualify for Lifeline and/or Link Up assistance if they are currently eligible to receive benefits from any of the following assistance programs: • Medicaid • Supplemental Nutrition Assistance Program (SNAP) or Food Stamps • Supplemental Security Income (SSI) • Federal Public Housing Assistance (including Section 8) • Low Income Home Energy Assistance Program (LIHEAP) • Temporary Assistance for Needy Families (TANF) • Senior Citizens Low-Income Discount Plan, offered by local gas or power company Additional Information and Signing Up T-Mobile currently offers Lifeline and Link Up service only in areas where the company has Eligible Telecommunications Carrier status. For additional information about T-Mobile’s Lifeline and Link Up offerings or to determine if T-Mobile offers Lifeline and Link Up in your area, call 1-800-937-8997. You may find more information about Lifeline and other wireless services available from T-Mobile USA, Inc. at www.T-Mobile.com. Complaints concerning the Lifeline/Link Up program can be directed to the Georgia Public Service Commission’s Consumer Affairs Unit at (404) 656-4501 or 1-800-282-5813.
See brochures and Terms and Conditions (including arbitration provision) at www.T-Mobile.com for additional information regarding T-Mobile service and products. T-Mobile and the magenta color are registered trademarks of Deutsche Telekom AG. © 2012 T-Mobile USA, Inc. T0225.7.4x9 Lifeline Application – Massachusetts This signed Lifeline application (“Application”) is required to enroll you in T‐Mobile’s Lifeline program in Massachusetts. This Application is only for the purpose of verifying your participation in these programs and will not be used for any other purpose. If you qualify, you may need to execute a T‐Mobile service agreement to receive your Lifeline benefits. See reverse for documentation requirements and submission instructions.
Things to know about the Lifeline Program: (1) Lifeline is a Federal benefit that is not transferrable to any other person; (2) Lifeline service is available for only one line per household. A household cannot receive benefits from multiple providers; (3) A household is defined, for purposes of the Lifeline program, as any individual or group of individuals living at the same address that share income and expenses; and, (4) Violation of the one‐per household rule is not permitted under federal rules and will result in the subscriber’s de‐enrollment from the program and possible criminal prosecution by the U.S. Government.
First Name: ______MI: ______Last Name: ______Date of Birth: ______Last Four Digits of Social Security Number: ______Contact Telephone Number: ______
Residential Address: Billing Address: Check here if the billing address is the Must be a street address (not a P.O. Box) and your principal residence. May contain a P.O Box. residential address. Address Line 1: ______Address Line 1: ______Address Line 2: ______Address Line 2: ______City, State and Zip: ______City, State and Zip: ______This address is: Permanent Temporary A shared, multi‐household residence If temporary, we may require your address to be certified or updated every 90 days. To qualify to receive Lifeline benefits, you must certify that you qualify, or meet the requirements for your state, by completing at least one of the sections below. Documentation requirements are identified on the reverse side.
I hereby certify that I qualify to participate in at least one of the following programs (check all that apply):
Please see the related documentation requirements on the reverse side. (Initial) Supplemental Nutrition Assistance Program (SNAP) formerly known as Food Stamps Supplemental Security Income (SSI) Federal Public Housing Assistance (FPHA) or Section 8 Low Income Home Energy Assistance Program (LIHEAP) National School Lunch Program’s free lunch program Temporary Assistance for Needy Families (TANF) Medicaid Emergency Aid to the Elderly, Disabled and Children (EAEDC) Transitional Aid to Families with Dependent Children MassHealth, a State Medical Assistance Program Social Security Disability Insurance (SSDI)
I hereby certify that my household income is at or below 135% of the Federal Poverty Guidelines; there are ______members in my
household. Please see the Federal Poverty Guidelines and the related documentation requirements on the reverse side. (Initial) I certify, under penalty of perjury: Initial by Each Certification The information provided in this Application is true and correct to the best of my knowledge; I acknowledge that willfully providing false or fraudulent information in order to receive Lifeline service is punishable by fine or imprisonment, termination of all Lifeline benefits, and being barred from participating in the Lifeline program. I am eligible for Lifeline service through participation in the qualifying program(s) or meeting the income requirements as identified above. I have provided documentation of eligibility for Lifeline service, unless otherwise specifically exempted from providing such documentation. I will inform T‐Mobile within 30 days of any potential change in eligibility, including, but not limited to: (i) a move or change of address; (ii) any change in participation in the programs identified above or change in income or household members; (iii) receiving Lifeline service from another provider; or (iv) any other change that would affect my eligibility for Lifeline service from T‐Mobile. I have provided the address where I currently reside and, if a temporary address has been provided, then I acknowledge that T‐Mobile may attempt to verify my address every 90 days, and, if I do not respond to verification attempts within 30 days, then my Lifeline service will be terminated. My household will receive only one Lifeline benefit and, to the best of my knowledge, no one in my household is currently receiving Lifeline service from any other provider. I acknowledge that I will be required to annually re‐certify eligibility and may be required to re‐certify continued eligibility for Lifeline at any time and failure to re‐certify will result in the termination of Lifeline benefits or other penalties. I authorize T‐Mobile and its agents to access any records (including financial records) required to verify my statements herein and to confirm my eligibility for Lifeline service. I authorize government agencies and their authorized representatives to discuss with and/or provide information to T‐Mobile and its agents verifying my participation in public assistance programs that qualify me for Lifeline service.
APPLICANT SIGNATURE: ______DATE: ______
Company Representative Name: ______Documentation Verified: ______FOR OFFICE Representative Signature: ______Date: ______USE ONLY BAN: ______Subscriber No.: ______
DOCUMENTATION REQUIREMENTS
You are required to provide proof of your participation in the programs you identified or proof of your qualifying income.
IF YOU ARE QUALIFYING BASED ON ELIGIBILITY TO PARTICIPATE IN A PROGRAM, YOU MUST PROVIDE COPIES OF ONE OR MORE OF THE FOLLOWING DOCUMENTS:
(1) current or prior year’s statement of benefits from qualifying assistance program; (2) notice or letter of participation in a qualifying assistance program; (3) program participation documents; or (4) official document demonstrating receipt of benefits from a qualifying assistance program.
IF YOU ARE QUALIFYING BASED ON INCOME, YOU MUST PROVIDE 135% FEDERAL POVERTY GUIDELINES ‐ 2012 COPIES OF ONE OR MORE OF THE FOLLOWING DOCUMENTS: Household Income must be at or Members of Household Prior year's state, federal or tribal tax return, a Social Security benefits below statement, a Veterans Administration benefits statement, a Federal or 1 $ 15,080 tribal notice letter of participation in Bureau of Indian Affairs General 2 $ 20,426 Assistance, a Retirement/Pension benefit statement, a divorce decree 3 $ 25,772 or child support document, an Unemployment/Workers Compensation 4 $ 31,118 benefits statement, a current income statement from your employer 5 $ 36,464 6 $ 41,810 or paycheck stub. If you provide documentation other than your prior 7 $ 47,156 year’s state, federal, or tribal tax return, you must submit three 8 $ 52,502 consecutive months worth of the same type of document within the For every additional member of your household, add $5,346 current calendar year.
Submitted documents will not be returned.
SUBMISSION INSTRUCTIONS
THIS FORM MUST BE COMPLETED IN ITS ENTIRETY AND CAN BE SUBMITTED BY:
MAIL T‐MOBILE – LIFELINE SUPPORT P.O. BOX 37380 ALBUQUERQUE, NEW MEXICO 87176
FAX 813‐348‐5724
IF YOU HAVE QUESTIONS, PLEASE CALL 1‐800‐937‐8997 FOR ASSISTANCE.
NOTICES
T‐Mobile offers Lifeline services only in areas where it has been designated as an Eligible Telecommunications Carrier. For purposes of the Lifeline program, the term “Tribal Lands” includes any federally recognized Indian tribe's reservation, pueblo, or colony, including former reservations in Oklahoma, Alaska Native regions established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688), Indian allotments, and Hawaiian Home Lands—areas held in trust for Native Hawaiians by the state of Hawaii, pursuant to the Hawaiian Homes Commission Act, 1920 July 9, 1921, 42 Stat. 108, et. seq., as amended.
Consumers with concerns or disputes regarding T‐Mobile’s Lifeline eligibility determinations, the Lifeline rate or service offering, or equipment pricing and availability for use with T‐Mobile’s Lifeline service may contact the Department of Telecommunications and Cable Consumer Protection Division at 1‐800‐392‐6066 or by visiting [email protected] for assistance in resolving their concerns.
COMMONWEATH OF MASSACHUSETTS
DEPARTMENT OF TELECOMMUNICATIONS AND CABLE
) In the Matter of ) ) T-Mobile Northeast LLC ) D.T.C. 12-4 ) Petition for Limited Designation as an ) Eligible Telecommunications Carrier ) For Purposes of Lifeline Support Only ) )
CERTIFICATE OF SERVICE
I hereby certify that I have this day served the foregoing on all parties of record in
this proceeding in accordance with the requirements of 220 CMR 1.05(1) (Department's
Rules of Practice and Procedure).
T-MOBILE NORTHEAST LLC
By its Attorney:
Amy I. Tierne Brown Rudnick LLP One Financial Center Boston, MA 02111 (617) 856-8200
Dated: June 1, 2012
60531195 vl-WorkSiteUS-026311/0009