NOTICES
Petition of Budget Prepay, Inc., d/b/a Budget Mobile to relinquish its Designation as an Eligible Telecommunications Carrier
[47 Pa.B. 4963]
[Saturday, August 19, 2017]Public Meeting held
August 3, 2017Commissioners Present: Gladys M. Brown, Chairperson; Andrew G. Place, Vice Chairperson; Robert F. Powelson; David W. Sweet; John F. Coleman, Jr.
Petition of Budget Prepay, Inc., d/b/a Budget Mobile to relinquish its Designation as an Eligible Telecommunications Carrier; P-2017-2603666
Order By the Commission:
On May 10, 2017, Budget Prepay, Inc., d/b/a Budget Mobile (Budget Prepay) filed a Petition to relinquish its designation as an Eligible Telecommunications Carrier (ETC) in the Commonwealth of Pennsylvania. On June 14, 2017, pursuant to 52 Pa. Code § 1.36, Budget Prepay filed the verification of its President. Budget Prepay's certificates of service indicate that it served its Petition and verification on the statutory advocates and the current ETCs that provide service in Budget Prepay's service area. No responses were filed to Budget Prepay's Petition.
Background
Budget Prepay is a wireless carrier designated as an ETC throughout the Commonwealth by Commission order entered June 21, 2012, at Docket No. P-2011-2269524.
Budget Prepay seeks to relinquish its Lifeline-only ETC designation in Pennsylvania due to changes in the wireless industry and proposed modifications to the Lifeline program. Budget Prepay states that relinquishment of its ETC designation will not affect the amount of federal Lifeline support available to the other ETCs providing Lifeline service in Pennsylvania.
Section 214(e)(4) of the Telecommunications Act of 1996 (TA 96), as amended, 47 U.S.C. § 214(e)(4), authorized the Commission to rescind a carrier's ETC status upon request and provides in pertinent part:
A state commission. . .shall permit an eligible telecommunications carrier to relinquish its designation as such a carrier in any area served by more than one eligible telecommunications carrier. An eligible Telecommunications carrier that seeks to relinquish its eligible designation for an area served by more than one eligible telecommunications carrier shall give advanced notice to the State commission. . .of such relinquishment. Prior to permitting a telecommunications carrier designated as an eligible telecommunications carrier to cease providing universal service in an area served by more than one eligible telecommunications carrier, the State commission. . .shall require the remaining eligible telecommunications or carriers to ensure that all customers served by the relinquishing carrier will continue to be served, and shall require sufficient notice to permit the purchase or construction of adequate facilities by any remaining eligible telecommunications carrier.In a Secretarial Letter issued September 3, 2013, the Commission reaffirmed the rules and requirements for relinquishment under TA96 and provided further guidance and directives to Pennsylvania ETCs seeking to relinquish ETC status. In addition to the relinquishment requirements listed in TA96 the Commission requires the following:
(1) All Petitions to relinquish ETC status must be accompanied by an affidavit or verification of an authorized individual.
(2) The Petition must be served upon the statutory advocates and all carriers referenced in the petition as alternative ETCs.
(3) Notice must be provided to all affected Lifeline customers as follows:
(a) Written notice 90 days prior to discontinuance of Lifeline service in the form of a stand-alone mailing separate from any billing or collections mailing.
(b) Telephone notice 60 days prior to discontinuance of Lifeline service.
(c) Written notice 30 days prior to discontinuance of Lifeline service in the form of a billing insert or stand-alone mailing.
(4) The notices should inform the affected customers of the date certain that Lifeline service will end, list alternative Lifeline providers and offer assistance to those customers who wish to retain Lifeline service.
(5) Petitioners are directed to ensure that the transition to another Lifeline provider is seamless for the Lifeline customer and ensure that the customer is not subject to additional connection fees or deposits. Also, the Petitioner is to assist the Lifeline customer with any Lifeline certification requirements occasioned by the petition.
Discussion
In its Petition, Budget Prepay states that more than one ETC currently serves in its designated service area. A list of the wire centers impacted by its relinquishment is attached to its Petition as Exhibit A. Budget Prepay does not believe that any of the remaining ETCs will be required to purchase or construct facilities to provide service to Budget Prepay's Lifeline customers. Budget Prepay notes that it is taking steps to mitigate the impact of relinquishment on its current Lifeline customers and will ensure that these customers receive the required notice of the change in their Lifeline service.
Budget Prepay avers that it is in compliance with the advanced notice requirements. In its Petition, Budget Prepay listed the schedule of dates it would comply with the notice requirements. And, in its supplemental response Budget Prepay confirmed that it is adhering to that proposed schedule. Budget Prepay stated that on May 12, 2017, it sent its first written notice to its Lifeline customers alerting them that it would be discontinuing providing Lifeline service, in accordance with the 90-day prior notice requirement. Attached to the Petition as Exhibit B. Budget Prepay subsequently sent text message notices to its customers on June 9, 2017, in compliance with the 60-day prior notice requirement. Budget Prepay is scheduled to provide a second written notice letter to its remaining Lifeline subscribers in Pennsylvania no later than July 11, 2017, in compliance with the Commission's 30-day written prior notice requirement. Attached to the Petition as Exhibit C. In addition, on June 21, 2017, Budget Prepay provided notice to its remaining Lifeline customers reminding them that they must transfer service to a new service provider or lose their Lifeline service. Budget is requesting that its relinquishment be effective August 10, 2017.
Budget Prepay states that it will provide, upon request at last one option whereby its Lifeline customers may transition to another Lifeline service provider operating in Budget Prepay's designated service area free from connection or deposit fees and Budget Prepay will assist such customers with any required certifications.
Conclusion
Based upon the foregoing, Budget Prepay has satisfied all of the requirements necessary to relinquish its ETC designation. It gave advanced notice to the Commission as well as the FCC. Budget Prepay is in the process of satisfying the FCC and the Commission's customer notice requirements. Budget Prepay will migrate and port numbers seamlessly and at no additional cost to the customers. In addition, there are no informal or formal complaints pending against the Budget Prepay before the Commission. Accordingly, we will grant Budget Prepay's Petition to relinquish its ETC designation in Pennsylvania as in the public interest; Therefore,
It Is Ordered That:
1. The Petition filed at P-2017-2603666 by Budget Prepay, Inc., d/b/a Budget Mobile to relinquish its designation as an Eligible Telecommunications Carrier in the Commonwealth of Pennsylvania is hereby granted.
2. The authorization of Budget Prepay, Inc., d/b/a Budget Mobile to provide Eligible Telecommunications Carrier services at P-2011-2269524 will be cancelled and its name be stricken from all active utility lists maintained by the Commission's Bureau of Technical Utility Services effective August 10, 2017, upon the filing by Budget Prepay, Inc., d/b/a Budget Mobile of confirmation that all notice requirements have been effectuated.
3. A copy of this order be published in the Pennsylvania Bulletin.
4. Upon publication this docket shall be marked closed.
5. A copy of this Order shall be appended to docket P-2011-2269524.
6. The Secretary shall serve a copy of this Order on the Bureau of Investigation and Enforcement, the Office of Consumer Advocate and the Office of Small Business Advocate.
ROSEMARY CHIAVETTA,
Secretary
[Pa.B. Doc. No. 17-1392. Filed for public inspection August 18, 2017, 9:00 a.m.]
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