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PENNSYLVANIA PUBLIC
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T-Mobile Northeast, LLC and T-Mobile Central, LLC Petition for Relinquishment of Eligible Telecommunications Carrier Designation for Purposes of Receiving Low Income Support Only
[52 Pa.B. 7086]
[Saturday, November 12, 2022]Public Meeting held
October 27, 2022Commissioners Present: Gladys Brown Dutrieuille, Chairperson; Stephen M. DeFrank, Vice Chairperson; Ralph V. Yanora; Kathryn L. Zerfuss; John F. Coleman, Jr.
T-Mobile Northeast, LLC and T-Mobile Central, LLC Petition for Relinquishment of Eligible Telecommunications Carrier Designation for Purposes of Receiving Low Income Support Only; Docket Number P-2011-2275748
Order By the Commission:
On September 1, 2022, T-Mobile Northeast LLC and T-Mobile Central LLC (T-Mobile) filed a Petition with this Commission pursuant to 47 U.S.C. § 214(e)(4) of the United States Code and 47 CFR § 54.205 of the Code of Federal Regulations, seeking relinquishment of its eligible telecommunications carrier (ETC) designation for purposes of seeking low-income support only, effective December 31, 2022.1 T-Mobile's Petition was verified, satisfying 52 Pa. Code § 1.36. T-Mobile's Certificate of Service indicates that it served its Petition on the Office of Consumer Advocate, the Office of Small Business Advocate, the Commission's Bureau of Investigation and Enforcement and all carriers which are alternative ETCs in Pennsylvania. No responses were filed to the Petition.
T-Mobile is currently a facilities-based provider of mobile wireless service that was approved by the Pennsylvania Public Utility Commission (Commission) to operate as a Lifeline-only eligible telecommunications carrier (ETC) throughout the Commonwealth of Pennsylvania on May 24, 2012, at Docket Number P-2011-2275748 for the purposes of receiving low-income Lifeline support. In its Petition, T-Mobile states that upon reviewing its ongoing business plans, it has decided to relinquish its Lifeline-only ETC designation in Pennsylvania.2 T-Mobile explains that it currently offers a variety of low-cost service plans to various customers in Pennsylvania including Connect by T-Mobile and Project 10 Million.3 T-Mobile further explains that Connect by T-Mobile plans include talk, text and high speed data starting at $10 per month.4 Project 10 Million represents a $10.7 billion investment over five years that offers individuals students and school districts free Internet access of 100 GB of data per year and mobile hotspots for 10 million eligible households.5
Furthermore, T-Mobile notes that its affiliates Assurance Wireless, USA L.P. and MetroPCS Pennsylvania LLC participate in the Federal Communications Commission's (FCC) Affordable Connectivity Program, which is an FCC benefit program that provides up to $30 per month toward Internet service for eligible households, in addition other benefits.6 Moreover, Assurance Wireless is also a Lifeline Provider in Pennsylvania.7 Based upon these and other initiatives that T-Mobile is involved in, T-Mobile states that it has made the business decision to cease providing service as a Lifeline-only ETC in Pennsylvania.8 Lastly T-Mobile states that it will no longer seek federal Lifeline support after December 31, 2022.9 Based upon the foregoing, T-Mobile avers that its customers will not be disadvantaged by its abandonment of Lifeline service in Pennsylvania.
ETCs seeking to relinquish their ETC status in Pennsylvania must petition the Commission before relinquishing service. The Commission's rules and requirements for relinquishing ETC status is set forth in the Commission's September 3, 2013 Secretarial Letter that was sent to all Pennsylvania ETC's at Docket No. M-2013-2380576. Under the Telecommunications Act of 1998 (TA-96) and our rules governing petitions for relief, this Commission may grant a request to relinquish ECT status if the petitioning ETC demonstrates reliable, probative and substantial evidence of the following:
1. More than one ETC serves the service area(s) in question;
2. The ETC seeking to relinquish is ETC designation has provided advance notice to the Commission of such relinquishment;
3. The Commission, prior to authorizing the relinquishment, requires:
a. Remaining ETC(s) to ensure that all customers served by the relinquishing carrier will continue to be served;
b. Sufficient notice to permit the purchase or construction of adequate facilities by any remaining eligible telecommunications carrier.
47 U.S.C. § 214(e)(4). While the statute allows an ETC to relinquish its ETC status, and thus forego access to various federal funding sources, we note that the relinquishment process remains focused on preservation of universal service. To further the federal and its own state universal service goals, the Commission also 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, the Office of Consumer Advocate, Office of Small business Advocate, the Commission's Bureau of Enforcement & Investigation and all carriers referenced in the petition as being alternative ETCs;
3. Notice must be provided to all affected Lifeline customers as follows:
a. Written notice 90 days prior to the discontinuation of Lifeline service in the form of a stand-alone mailing separate from any billing or collections mailing;
b. Telephonic notice 60 days prior to the discontinuation of Lifeline service
c. Written notice 30 days prior to the discontinuation of Lifeline service in the form of a billing insert or stand-alone mailing;
4. The notices should inform affected customers of a date certain that Lifeline service will end, list alternative lifeline providers and offer assistance to those customers who wish to retain Lifeline service;
5. These notices must be attached to the Petition to Relinquish;
6. 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 occasioned by the petition.
In support of its Petition, T-Mobile states that it currently has approximately 995 customers in Pennsylvania and that it will provide the following notice to its customers:
• Written notice issued 90 days prior to the discontinuation of Lifeline service in the form of a stand-alone mailing that will be separate from any billing or collections mailing.
• A text message sent 60 days prior to the discontinuation of Lifeline service notifying customers of the discontinuation.
• Written notice issued 30 days prior to discontinuation of Lifeline service in the form of a billing insert or stand-alone mailing.10
T-Mobile attached a copy of the 90-day written notice to its Petition as Exhibit B. In a supplemental filing, which was filed on September 30, 2022, T-Mobile attached a copy of the text message and second letter that it had proposed it would send to its existing Lifeline customers.11
As mentioned earlier, T-Mobile states in its Petition that it will cease its provision of wireless telephone service to its existing customers effective December 31, 2022. In addition, following relinquishment of its ETC designation, effective December 31. 2022, T-Mobile states that it will provide customers with 60 additional days of courtesy credits in the amount of their Lifeline discount.12 T-Mobile avers that this will afford its Lifeline customers with even more time to select an alternative calling plan, remain on their existing plan without the Lifeline discount, or obtain discounted Lifeline service from another Lifeline provider.13
T-Mobile further asserts that it satisfies or has made detailed plans to comply with all of the federal and state criteria for obtaining relinquishment of its ETC designation. Specifically, T-Mobile states 1) there is currently more than one ETC serving T-Mobile's service area; 2) T-Mobile is providing advance notice to the Commission of its cessation of service to its customers; 3) the remaining ETCs in the market are able to serve the Lifeline needs of consumers within their respective designated ETC service areas that cover the ETC service area; and 4) no additional facilities will need to be purchased or constructed by the remaining ETCs.14
Based on its Petition and the evidence submitted thereafter in this proceeding, we find that T-Mobile has given appropriate and sufficient notice to us regarding its planned abandonment. We also note that T-Mobile plans to issue a 90-day written notice as well as other subsequent communications to its existing Lifeline customers. We determine that these communications will give T-Mobile's existing Lifeline customers detailed information regarding its planned cessation of Lifeline service and also ample time to obtain service from an alternative Lifeline provider operating in that same geographic region. Therefore, we conclude that by issuing its planned 90-day written notice and the other subsequent communications to its Lifeline customers, T-Mobile would have made ''good faith'' efforts to ensure that its remaining Lifeline customers can take the adequate steps to make the preparatory arrangements to obtain service from alternative Lifeline providers in this same service area. Notwithstanding, we will direct T-Mobile to provide us with dates of the issuance of its planned communications with its Lifeline customers and the number of its remaining Lifeline customers, if any, by no later than December 1, 2022.
Upon full consideration of all matters of record pertaining to the Petition, we find that approval of T-Mobile's Petition to relinquish its ETC designation is in the public interest; Therefore,
It Is Ordered That:
1. T-Mobile Northeast LLC and T-Mobile Central LLC's request to relinquish its ETC designation, effective December 31, 2022, is hereby approved as being in the public interest.
2. T-Mobile Northeast LLC and T-Mobile Central LLC shall file a report with the Commission that provides the dates of its communications with its existing Lifeline customer base and also with the number of its remaining Lifeline customers, if any, by no later than December 1, 2022.
3. The Secretary serve a copy of this Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, and the Bureau of Investigation & Enforcement.
4. A copy of this Order be published in the Pennsylvania Bulletin.
5. This docket shall be marked closed as of December 31, 2022.
ROSEMARY CHIAVETTA,
SecretaryORDER ADOPTED: October 27, 2022
ORDER ENTERED: October 27, 2022
[Pa.B. Doc. No. 22-1767. Filed for public inspection November 11, 2022, 9:00 a.m.] _______
1 By Commission Order entered March 11, 2021, T-Mobile relinquished its Mobility Fund Phase I High Cost ETC designation in the Commonwealth of Pennsylvania, effective December 31, 2020.
2 Petition at 2.
3 Id.
4 Id. at 2, 3. See also, Press Release, T-Mobile, T-Mobile Launches Early to Help the Most Vulnerable in America Get and Stay Connected (March 23, 2020); https://www. t-mobile.com/news/offers/tmobile-connect-launch. See https://prepaid.t-moble.com/prepaid-plans/connect.
5 Id. at 3. See also, Project 10 Million Launch Page, T-Mobile.com, https://www.mobile.com/bsiness/education/project-10-million.
6 Id. at 3.
7 Id. at 3.
8 Id. at 3.
9 Id. at 3.
10 Id. at 6.
11 September 30, 2022 Supplemental filing.
12 Petition at 6.
13 Id. at 7.
14 Id. at 4, 5.
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