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WCB Approves Nine Lifeline Compliance Plans

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Released: December 26, 2012

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

TTY: 1-888-835-5322


Washington, D.C. 20554




DA 12-2063

Release Date: December 26, 2012


WIRELINE COMPETITION BUREAU APPROVES THE COMPLIANCE PLANS OF

AIRVOICE WIRELESS, AMERIMEX COMMUNICATIONS, BLUE JAY WIRELESS,

MILLENNIUM 2000, NEXUS COMMUNICATIONS, PLATINUMTEL COMMUNICATIONS,

SAGE TELECOM, TELRITE AND TELSCAPE COMMUNICATIONS


WC Docket Nos. 09-197 and 11-42


The Wireline Competition Bureau (Bureau) approves the compliance plans of nine carriers:
AirVoice Wireless, LLC (AirVoice); AmeriMex Communications Corp. (AmeriMex); Blue Jay Wireless,
LLC (Blue Jay); Millennium 2000, Inc. (Millennium 2000); Nexus Communications, Inc. (Nexus);
PlatinumTel Communications, LLC (PlatinumTel); Sage Telecom, Inc. (Sage); Telrite Corporation
(Telrite); and Telscape Communications, Inc. d/b/a Telscape Wireless (Telscape). The compliance plans
were filed pursuant to the Lifeline Reform Order as a condition of obtaining forbearance from the
facilities requirement of the Communications Act of 1934, as amended (the Act), for the provision of
Lifeline service.1
The Act provides that in order to be designated as an eligible telecommunications carrier (ETC)
for the purpose of universal service support, a carrier must “offer the services that are supported by
Federal universal service support mechanisms . . . either using its own facilities or a combination of its
own facilities and resale of another carrier’s services . . . .”2 The Commission amended its rules to define
voice telephony as the supported service and removed directory assistance and operator services, among
other things, from the list of supported services.3 As a result of these amendments, many Lifeline-only
ETCs that previously met the facilities requirement by providing operator services, directory assistance or
other previously supported services no longer meet the facilities requirement of the Act.4 In the Lifeline
Reform Order
, the Commission found that a grant of blanket forbearance of the facilities requirement,

1 See Lifeline and Link Up Reform and Modernization et al, WC Docket No.11-42 et al., Report and Order and
Further Notice of Proposed Rulemaking, 27 FCC Rcd 6656, 6816-17, paras. 379-380 (2012) (Lifeline Reform
Order
). A list of the compliance plans approved through this Public Notice can be found in the Appendix to this
Public Notice.
2 47 U.S.C. § 214(e)(1)(A).
3 See Lifeline Reform Order, 27 FCC Rcd at 6678, para. 47; see also 47 C.F.R. § 54.101(a).
4 See Lifeline Reform Order, 27 FCC Rcd at 6812, para. 366, App. A; Connect America Fund et al, WC Docket 10-
90, Order on Reconsideration, 26 FCC Rcd 17633, 17634-35, para. 4 (2011) (USF/ICC Transformation Order on
Reconsideration)
. Some ETCs have included language in their compliance plans indicating that they have facilities
or plan to acquire facilities in the future. See, e.g., Blanket Forbearance Compliance Plan, WC Docket Nos. 09-197
and 11-42, Q Link Wireless, LLC’s Third Amended Compliance Plan at 4 n. 2 (filed July 30, 2012). To the extent
ETCs seek to avail themselves of the conditional forbearance relief established in the Lifeline Reform Order, we
presume they lack facilities to provide the supported service under sections 54.101 and 54.401 of the Commission’s
rules. See 47 C.F.R. §§ 54.101 and 54.401. Such ETCs must comply with the compliance plan approved herein in
each state or territory where they are designated as an ETC, regardless of their claim of facilities for other purposes,
such as eligibility for state universal service funding.

subject to certain public safety and compliance obligations, is appropriate for carriers seeking to provide
Lifeline-only service.5 Therefore, in the Lifeline Reform Order, the Commission conditionally granted
forbearance from the Act’s facilities requirement to all telecommunications carriers seeking Lifeline-only
ETC designation, subject to the following conditions: (1) compliance with certain 911 and enhanced 911
public safety requirements; and (2) Bureau approval of a compliance plan providing specific information
regarding the carrier and its service offerings and outlining the measures the carrier will take to
implement the obligations contained in the Order.6
The Bureau has reviewed the nine plans listed in the Appendix for compliance with the
conditions of the Lifeline Reform Order and now approves those nine compliance plans.7
Filings, including the Compliance Plans identified in the Appendix, and comments are available
for public inspection and copying during regular business hours at the FCC Reference Information
Center, Portals II, 445 12th Street, S.W., Room CY-A257, Washington, D.C. 20554. They may also be
purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., Portals II, 445
12th Street, S.W., Room CY-B402, Washington, D.C. 20554, telephone: (202) 488-5300, fax: (202) 448-
5563, or via emailhttp://www.bcpiweb.com/"> www.bcpiweb.com.
People with Disabilities: To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at (202) 418-7400 or TTY (202) 418-0484.
For further information, please contact Michelle Schaefer, Telecommunications Access Policy
Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484.
- FCC -

5 See Lifeline Reform Order, 27 FCC Rcd at 6813-6817, paras. 368-381.
6 See id., 27 FCC Rcd at 6814, 6819, paras. 373, 389. Subsequently, the Bureau provided guidance for carriers
submitting compliance plans pursuant to the Lifeline Reform Order. Wireline Competition Bureau Provides
Guidance for the Submission of Compliance Plans Pursuant to the Lifeline Reform Order
, WC Docket Nos. 09-197
and 11-42, Public Notice, 27 FCC Rcd 2186 (Wireline Comp. Bur. 2012).
7 The Commission has not acted on any pending ETC petitions filed by these carriers, and this Public Notice only
approves the compliance plans of the carriers listed above. While these compliance plans contain information on
each carrier’s Lifeline offering, we leave it to the designating authority to determine whether or not the carrier’s
Lifeline offerings are sufficient to serve consumers. See Lifeline Reform Order, 27 FCC Rcd at 6679-80, 6818-19,
paras. 50, 387.

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APPENDIX


Petitioner

Compliance Plans

Date of Filing

Docket

As Captioned by Petitioner

Numbers

AirVoice Wireless, LLC
AirVoice Wireless, LLC’s Amended
December 7,
09-197; 11-42
Compliance Plan
2012
AmeriMex
AmeriMex Communications Corp.
December 6,
09-197; 11-42
Communications Corp.
Revised Compliance Plan
2012
Blue Jay Wireless, LLC
Blue Jay Wireless, LLC Compliance
November 30,
09-197; 11-42
Plan
2012
Millennium 2000 Inc.
Amended Compliance Plan of
December 18,
09-197; 11-42
Millennium 2000 Inc.
2012
Nexus Communications,
Third Amended Compliance Plan of
December 4,
09-197; 11-42
Inc.
Nexus Communications, Inc.
2012
PlatinumTel
PlatinumTel Communications LLC’s
December 19,
09-197; 11-42
Communications, LLC
Revised Compliance Plan
2012
Sage Telecom, Inc.
Revised Compliance Plan of Sage
December 19,
09-197; 11-42
Telecom, Inc.
2012
Telrite Corporation
Telrite Corporation Compliance Plan
November 29,
09-197; 11-42
2012
Telscape
Revised Compliance Plan of Telscape
December 19,
09-197; 11-42
Communications Inc.
Communications, Inc.
2012
d/b/a Telscape Wireless



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