Federal Communications Commission
News Media Information 202 / 418-0500
445 12th St., S.W.
Washington, D.C. 20554
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
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
, 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
). A list of the compliance plans approved through this Public Notice can be found in the Appendix to this
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
. 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
presume they lack facilities to provide the supported service under sections 54.101 and 54.401 of the Commission’s
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
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
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/
People with Disabilities: To request materials in accessible formats for people with disabilities
(Braille, large print, electronic files, audio format), send an email to email@example.com
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.
Date of Filing
As Captioned by Petitioner
AirVoice Wireless, LLC
AirVoice Wireless, LLC’s Amended
AmeriMex Communications Corp.
Revised Compliance Plan
Blue Jay Wireless, LLC
Blue Jay Wireless, LLC Compliance
Millennium 2000 Inc.
Amended Compliance Plan of
Millennium 2000 Inc.
Third Amended Compliance Plan of
Nexus Communications, Inc.
PlatinumTel Communications LLC’s
Revised Compliance Plan
Sage Telecom, Inc.
Revised Compliance Plan of Sage
Telrite Corporation Compliance Plan
Revised Compliance Plan of Telscape
d/b/a Telscape Wireless