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WCB Seeks Comment on Five Lifeline ETC Petitions

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Released: December 20, 2012

PUBLIC NOTICE

Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 12-2068

Release Date: December 20, 2012

WIRELINE COMPETITION BUREAU SEEKS COMMENT ON PETITIONS FOR

DESIGNATION AS A LOW-INCOME ELIGIBLE TELECOMMUNICATIONS CARRIER

FILED BY NOW COMM, ZING PCS, LTS, ODIN WIRELESS AND TX MOBILE

WC Docket No. 09-197

Comment Date: January 22, 2013
Reply Comment Date: February 5, 2013

The Wireline Competition Bureau seeks comment on petitions filed by Birch Communications,
Inc. (Birch) and Now Communications, LLC (collectively, Now Comm),1 FLATEL Wireless, Inc. dba
ZING PCS (ZING PCS),2 LTS of Rocky Mount, LLC (LTS),3 Prepaid Wireless Retail, LLC dba Odin


1 Birch Communications, Inc. Petition for Designation as an Eligible Telecommunications Carrier Pursuant to
Section 214(e)(6) of the Communications Act for Lifeline Support Only in the State of Texas, WC Docket No. 09-
197 (filed Nov. 29, 2012); Amendment to Birch Communications, Inc. Petition for Designation as an Eligible
Telecommunications Carrier Pursuant to Section 214(e)(6) of the Communications Act for Lifeline Support Only in
the State of Texas, WC Docket No. 09-197 (filed Dec. 18, 2012) (collectively, Now Comm Amended Petition)
(amending the petition to reflect that Birch’s prepaid wireless Lifeline service will be provided by a separate legal
entity known as Now Communications, LLC and subject to Birch’s compliance plan). See also Letter from Angela
F. Collins, Counsel to Birch and Now Comm, to Marlene H. Dortch, Secretary, Federal Communications
Commission, WC Docket Nos. 09-197, 11-42 (filed Dec. 18, 2012) (Now Comm explains that it will adopt and
adhere by Birch’s approved Compliance Plan and its business structure). Now Comm will have the same owners as
Birch, including the same management and day-to-day operational personnel as currently utilized by Birch. See
Now Comm Amended Petition at 2-3.
The Wireline Competition Bureau has approved Birch’s compliance plan, which will also apply to Now Comm. See
Wireline Competition Bureau Approves the Compliance Plans of Birch Communications, Boomerang Wireless, IM
Telecom, Q Link Wireless and TAG Mobile
, WC Docket Nos. 09-197 and 11-42, 27 FCC Rcd 9184 (Wireline Comp.
Bur. 2012); see also 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, para. 380 (2012) (Lifeline Reform
Order
).
2 FLATEL Wireless, Inc. dba ZING PCS Petition for Limited Designation as an Eligible Telecommunications
Carrier in Alabama, Connecticut, Delaware, the District of Columbia, Florida, New Hampshire, New York, North
Carolina, Tennessee, Texas and Virginia, WC Docket No. 09-197 (filed Dec. 14, 2012) (ZING PCS Petition). ZING
PCS has a compliance plan pending with the Commission and may not be designated as an ETC until its plan has
been approved by the Wireline Competition Bureau. See FLATEL Wireless, Inc. dba ZING PCS Amended
Compliance Plan, WC Docket Nos. 09-197 and 11-42 (filed Nov. 14, 2012); see also, Lifeline Reform Order, 27
FCC Rcd at 6816, para. 380.
3 LTS of Rocky Mount, LLC Petition for Limited Designation as an Eligible Telecommunications Carrier in
Alabama, Connecticut, Delaware, the District of Columbia, Florida, New Hampshire, New York, North Carolina,
Tennessee and Virginia, WC Docket No. 09-197 (filed Oct. 31, 2012) (LTS Petition). LTS has a compliance plan
pending with the Commission and may not be designated an ETC until its plan has been approved by the Wireline
Competition Bureau. See LTS of Rocky Mount, LLC Compliance Plan, WC Docket Nos. 09-197 and 11-42 (filed
Oct. 31, 2012); see also, Lifeline Reform Order, 27 FCC Rcd at 6816, para. 380.

Wireless (Odin Wireless),4 and TX Mobile, LLC (TX Mobile),5 for limited designation as an eligible
telecommunications carrier (ETC) for the provision of Lifeline service. LTS and TX Mobile each seek
designation as an ETC for the limited purpose of offering Lifeline service in Alabama, Connecticut,
Delaware, District of Columbia, Florida, New Hampshire, North Carolina, New York, Tennessee and
Virginia.6 ZING PCS and Odin Wireless each seek designation as an ETC for the limited purpose of
offering Lifeline service in Alabama, Connecticut, Delaware, District of Columbia, Florida, New
Hampshire, North Carolina, New York, Tennessee, Texas and Virginia. Now Comm seeks ETC
designation for the limited purpose of offering Lifeline service in Texas.7
Pursuant to sections 1.415 and 1.419 of the Commission’s rules, interested parties may file
comments and reply comments on or before the dates indicated on the first page of this document.
Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS).8
§
Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: http://fjallfoss.fcc.gov/ecfs2/.
§
Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s
Secretary, Office of the Secretary, Federal Communications Commission.
§
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
§
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.


4 Prepaid Wireless Retail, LLC dba Odin Wireless Petition for Limited Designation as an Eligible
Telecommunications Carrier in Alabama, Connecticut, Delaware, the District of Columbia, Florida, New
Hampshire, New York, North Carolina, Tennessee, Texas and Virginia, WC Docket No. 09-197 (filed Dec. 10,
2012) (Odin Wireless Petition). Odin Wireless has a compliance plan pending with the Commission and may not be
designated an ETC until its plan has been approved by the Wireline Competition Bureau. See Prepaid Wireless
Retail, LLC dba Odin Wireless Compliance Plan, WC Docket Nos. 09-197 and 11-42 (filed Dec. 10, 2012); see
also
, Lifeline Reform Order, 27 FCC Rcd, at 6816, para. 380.
5 TX Mobile, LLC Petition for Limited Designation as an Eligible Telecommunications Carrier in Alabama,
Connecticut, Delaware, the District of Columbia, Florida, New Hampshire, New York, North Carolina, Tennessee
and Virginia, WC Docket No. 09-197 (filed Nov. 26, 2012) (TX Mobile Petition). TX Mobile has a compliance
plan pending with the Commission and may not be designated an ETC until its plan has been approved by the
Wireline Competition Bureau. See TX Mobile, LLC, Compliance Plan, WC Docket Nos. 09-197 and 11-42 (filed
Oct. 18, 2012); see also, Lifeline Reform Order, 27 FCC Rcd at 6816, para. 380.
6 ZING PCS Petition at 1-2; LTS Petition at 1; Odin Wireless Petition at 1; TX Mobile Petition at 1.
7 Now Comm Amended Petition at 1-3.
8 See 47 CFR §§ 1.415, 1.419; Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
2

§
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities (braille,
large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.9 Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period applies).
Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation
must (1) list all persons attending or otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte presentations and memoranda summarizing
oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment
filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex
parte
rules.
For further information, please contact Divya S. Shenoy, Telecommunications Access Policy
Division, Wireline Competition Bureau at (202) 418-7400 or TTY (202) 418-0484.
- FCC -


9 47 C.F.R. §§ 1.1200 et seq.
3

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