NOTICES
PENNSYLVANIA PUBLIC
UTILITY COMMISSION
Boomerang Wireless, LLC, d/b/a enTouch Wireless Petition for Partial Relinquishment of Eligible Telecommunications Carrier Designation
[53 Pa.B. 6323]
[Saturday, October 7, 2023]Public Meeting held
September 21, 2023Commissioners Present: Stephen M. DeFrank, Chairperson; Kimberly Barrow, Vice Chairperson; Ralph V. Yanora; Kathryn L. Zerfuss; John F. Coleman, Jr.
Boomerang Wireless, LLC, d/b/a enTouch Wireless Petition for Partial Relinquishment of Eligible Telecommunications Carrier Designation;
Docket Number P-2023-3041832
Tentative Order By the Commission:
On July 19, 2023, Boomerang Wireless LLC d/b/a enTouch Wireless (Boomerang), filed an Application with the Commission pursuant to 47 U.S.C. § 214(e)(4) of the United States Code, seeking partial relinquishment of its eligible telecommunications carrier (ETC) designation in the service area served by its underlying carrier, Verizon Wireless and the removal of AT&T Mobility as an underlying carrier, in the Commonwealth of Pennsylvania. We will treat Boomerang's Application as a Petition. Boomerang served its Petition on the Office of Consumer Advocate, the Office of Small Business Advocate, and the Commission's Bureau of Investigation and Enforcement as evidenced by its certificate of service. No responses were filed to the Petition. As discussed below, the Commission grants Boomerang's Petition seeking partial relinquishment of its ETC designation in the Commonwealth of Pennsylvania.
Background
On September 1, 2016, at Docket Number P-2014-2421056, the Commission granted Boomerang, who is a prepaid wireless reseller of mobile wireless service, and Lifeline-only ETC designation throughout the Commonwealth of Pennsylvania where its underlying carriers provide coverage. In its instant Petition, Boomerang noted that the Commission granted its Petition for Waiver and did not require Boomerang to file a Petition for a new ETC designation due to a change in its corporate ownership.1 Boomerang explains that as a result of a new mobile virtual network enabler2 (MVNE) relationship, Boomerang no longer utilizes the services of Verizon Wireless and AT&T Mobility networks as underlying carriers.3 However, at the same time, Boomerang will continue to utilize the T-Mobile network, which following its merger with the Sprint network includes an expanded service area.4
Boomerang attached a listing of the zip codes in which it is requesting partial relinquishment. (See Exhibit B). As a result of these changes, Boomerang states that approximately 21 subscribers in the former Verizon Wireless service area will be affected.5 The impacted subscribers will need to choose whether to port their service to Boomerang's alternate underlying carrier or transfer their service to a new ETC designated carrier in their service area.6 Boomerang states that the impacted subscribers will be disconnected on October 8, 2023 if they fail to elect to port their service to Boomerang's alternate underlying carrier or transfer to a new ETC service provider.7 Boomerang reports that there are no subscribers on the AT&T Mobility platform and therefore no additional subscribers will be affected by Boomerang's changes.8 In addition, Boomerang avers that its customers will not be disadvantaged by its partial abandonment since there are other ETCs in the area that are available to serve the affected subscribers and subscribers are receiving advance notice of their availability as contemplated by 47 U.S.C. § 214(e)(4) following relinquishment of its ETC effective October 8, 2023.9
Discussion
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 ETCs at Docket No. M-2013-2380576. Under the Telecommunications Act of 1996 (TA96) and our rules governing petitions for relief, this Commission may grant a request to relinquish ETC 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 state universal service goals, 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, 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, Boomerang states that it will provide the required customer notices regarding its plans to cease providing service to its Lifeline customers and also advise them in the notice that it is necessary to obtain a new cell phone provider. Boomerang asserts that in addition to certificated Lifeline providers in its service area, the incumbent local exchange carrier in its service area also provides wireless service.
As mentioned earlier, Boomerang states in its Petition that it will cease its provision of wireless telephone service to its existing customers in Verizon Wireless' service area effective October 8, 2023. In support of its Petition, Boomerang attached a list of the alternate ETC service providers that will continue to provide service in the area of Boomerang's proposed relinquishment. (See Exhibit C). Boomerang further asserts that it will comply with all of the federal and state notice requirements for relinquishment of its ETC designation. Specifically, Boomerang stated that beginning August 9, 2023, it has begun providing advanced notice of its partial cessation of service to each affected customer. The notices will be sent 60 days, 45 days, 30 days, 15 days and 5 days by mail and text messages prior to October 8, 2023.10 Boomerang may also follow up the messages with phone calls to those subscribers who have not provided an email address.11 The email and text messages will contain a link to a web page with details and contacts for questions.12 Additionally, during the final three weeks, enTouch Customer Service may reach out to customers who have not responded to Customer Service via the specially designated number.13 Boomerang provided samples of the draft notices and content that will be provided on its landing page attached to its Petition as Exhibit D.
Also, in response to a staff inquiry, on August 4, 2023, in compliance with the Pennsylvania requirements, Boomerang served its Petition on all of the alternate carriers who are providing service in the area of its partial relinquishment. Simultaneously, Boomerang filed a copy of its amended Certificate of Service with the Commission's Secretary's Bureau, the Commission's Bureau of Investigation and Enforcement, the Office of Consumer Advocate and the Office of Small Business Advocate. No Answers were filed in response to Boomerang's filing.
Based on the information contained in the Petition, we find that Boomerang gave appropriate and sufficient notice regarding its planned abandonment. Additionally, we conclude that Boomerang will make good faith efforts to ensure that its affected customers will be served by other Lifeline providers in its relinquished service area by giving them ample notice of its plans to cease providing service to them and advising them to make alternate arrangements.
Because all of the affected Lifeline customers have not yet migrated to a new service provider, certain requirements continue to attach and Boomerang may not discontinue service and abandon customers without our approval. Boomerang shall track the progress of customer migrations for its remaining customers and provide Commission staff a progress report within twenty days of entry of this Order identifying the number of customers that have and have not migrated to a new Lifeline service provider within ten days of the entry of this Order. Additionally, Boomerang shall continue to provide telecommunications service to its remaining customers until such time as those customers have obtained comparable service from a Lifeline service provider or until October 8, 2023, whichever is earlier.
Upon full consideration of all matters of record pertaining to the Petition, we find that approval of the Boomerang's Petition to partially relinquish its ETC designation in the area served by underlying carrier, Verizon Wireless and removal of AT&T Mobility as an underlying carrier, in the Commonwealth of Pennsylvania, is in the public interest; Therefore,
It Is Ordered That:
1. Boomerang Wireless LLC d/b/a enTouch Wireless' request to partially relinquish its ETC designation in the area served by underlying carrier, Verizon Wireless and removal of AT&T Mobility as an underlying carrier, in the Commonwealth of Pennsylvania, is hereby approved as being in the public interest.
2. The Secretary serve a copy of this Tentative Order upon the Office of Consumer Advocate, the Office of Small Business Advocate, and the Bureau of Investigation & Enforcement, and also cause a copy of this Order to be published in the Pennsylvania Bulletin.
3. Boomerang Wireless LLC d/b/a enTouch Wireless shall track the progress of customer migrations for its remaining customers and shall provide Commission staff with a progress report on the number of customers that have and have not migrated to a new Lifeline service provider within twenty days of the entry of this Order.
4. If in its ten-day customer migration progress report filed with the Commission Boomerang Wireless LLC d/b/a enTouch Wireless avers that all remaining customers have chosen to port their service to Boomerang's alternate underlying carrier or obtained replacement Lifeline telecommunications services from a different service provider, by October 8, 2023, whichever is earlier, this Tentative Order will be become final without further Commission action, and the docket shall be closed.
ROSEMARY CHIAVETTA,
SecretaryORDER ADOPTED: September 21, 2023
ORDER ENTERED: September 21, 2023
[Pa.B. Doc. No. 23-1386. Filed for public inspection October 6, 2023, 9:00 a.m.] _______
1 On August 13, 2021, Boomerang filed with the Commission a Notice of a change in ownership and a Petition for Waiver of the Obligation to Petition for a new ETC designation. The Petition was granted by Order entered November 18, 2021.
2 An MVNE is a company that provides network infrastructure and related services, such as business support systems, administration and operating support to a mobile virtual network operator.
3 Petition at 2.
4 Id.
5 Id.
6 Id.
7 Id. at 2-3.
8 Id. at 3.
9 Id. at 4.
10 Petition at 5-6.
11 Petition at 5.
12 Petition at 6.
13 Id.
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