B. M,... G DL BEVAN, MOSCA & GIUDITTA, P.C. T r 0 R N F Y S A T I..'\ \V 222 MOUNT AIRY ROAD, SUITE 200 BAS Kl NG RIDGE, NJ 07920-2335 (P) 908.753.8300 (F) 908.753.8301 www.bmg.law WILLIA.1\1 K. MoscA,JR. wmosca@bmg.la w December 2, 2016 Via e-filing or email to mpscedockets@michigan.gov Ms. Kavita Kale Executive Secretary Michigan Public Service Commission 7109 West Saginaw Highway Lansing, MI 48917 Re: Application of Total Call Mobile, LLC For Approval of Relinquishment of Eligible Telecommunications Carrier Designation Docket U-16941 Dear Secretary Kale: Enclosed for filing by Total Call Mobile, LLC is an Application for Approval of Relinquishment of Eligible Telecommunications Carrier Designation. Please do not hesitate to call me if you have any questions regarding this matter or require additional information. Respectfully submitted, {0006X9 11. I I Nl:W I ERS l:y NEWYORK WASH I NCITON.D.C.
BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION In the Matter of ) Docket U-16941 ) Petition of Total Call Mobile, LLC ) For Approval of Relinquishment of Eligible ) Telecommunications Carrier Designation ) PETITION OF TOTAL CALL MOBILE, LLC FOR APPROVAL OF RELINQUISHMENT OF ITS ELIGIBLE TELECOMMUNICATIONS CARRIER DESIGNATION Total Call Mobile, LLC ( Total Call ), pursuant to 47 U.S.C. 214(e), 47 C.F.R. 54.205, and the Order (the Order ), dated June 26, 2012, of the Michigan Public Service Commission (the Commission ) in In the Matter of Application of Total Call Mobile, Inc. For Designation As An Eligible Telecommunications Carrier in the State of Michigan, Case No. U-- 16941, requests that the Commission approve this Application (the Application ) to Relinquish its Eligible Telecommunications Carrier ( ETC ) designation in the State of Michigan, effective December 31, 2016. Total Call also requests the Commission approve Total Call s discontinuance of service in Michigan on the same date. Total Call would like to relinquish its ETC designation due to changes in the wireless industry and proposed modifications to the Lifeline program. As detailed below, Total Call s subscribers will be given ample notice of the discontinuance of Total Call s operations, and there are many other ETCs able to serve Total Call s current Lifeline subscribers. In support of its Application for Approval of Relinquishment, Total Call states as follows: Background 1. Total Call is a Delaware limited liability company. Its principal place of business is 1411 190 th Street, Suite 650, Gardena, CA 90248. Total Call s general telephone number is (800) 550- {00068910.2 }
5265. Total Call provides wireless Lifeline telecommunications services to consumers in Michigan through resale of Commercial Mobile Radio Services ( CMRS ) provided by AT&T Corp. ( AT&T ). 2. By Order dated June 26, 2012, the Commission granted Total Call s request for designation as a Lifeline-only ETC in Michigan. See Order. 3. Total Call offers eligible customers in Michigan four (4) Lifeline prepaid wireless service choices. 1 All Total Call Lifeline service plans include a free handset, call waiting, caller identification and voicemail at no additional charge. Calls to 911 emergency services are always free, regardless of availability of minutes. Total Call does not require deposits and does have service contracts with its Lifeline customers, and thus Lifeline customers incur no early termination fees. 4. Total Call seeks to relinquish its ETC designation and to discontinue service in Michigan due to changes in the wireless industry and proposed modifications to the Lifeline program. Total Call also intends to exit its wireless Lifeline business in every state and U.S territory in which it currently offers wireless Lifeline service. Total Call is not currently enrolling any new Lifeline subscribers in Michigan. Federal ETC Relinquishment and State Discontinuance Requirements 5. 47 U.S.C. 214(e)(4) states, in pertinent part: A State commission [ ] shall permit an eligible telecommunications carrier relinquish its designation as such a carrier in any area served by more than one eligible 1 Lifeline Plan 1 offers 250 free anytime minutes with an option of using text, inbound or outbound, which consumes one (1) Plan minute per text. Lifeline Plan 2 offers a 1000 Minute Talk & 1000 Text retail plan for $19.99 (after application of the $10.00 Lifeline discount to the regular retail price $29.99). Lifeline Plan 3 offers a 30-day Unlimited Talk retail plan for $19.99 (after application of the $10.00 Lifeline discount to the regular retail price $29.99). Lifeline Plan 4 offers a 30-day Unlimited Talk & Text retail plan for $29.99 (after application of the $10.00 Lifeline discount to the regular retail price $39.99). Lifeline Plan 5 offers a 30-day Unlimited Talk, Text, & Data retail plan for $39.99 (after application of the $10.00 Lifeline discount to the regular retail price $49.99). {00068910.2 }2
telecommunications carrier. An eligible telecommunications carrier that seeks to relinquish its eligible telecommunications carrier designation for an area served by more than one eligible telecommunications carrier shall give advance notice to the State Commission [ ] of the relinquishment. Prior to permitting a telecommunications carrier designated as an eligible telecommunications carrier to cease providing universal service in an area served by more than one eligible telecommunications carrier, the State Commission [ ]shall require the remaining eligible telecommunications carrier or carriers to ensure that all customers served by the relinquishing carrier will continue to be served, and shall require sufficient notice to permit the purchase or construction of adequate facilities by any remaining eligible telecommunications carrier. Id.; see also 47 C.F.R. 54.205. As shown below, Total Call satisfies all relevant federal requirements. 6. MCL 484.2313 states, in pertinent part: (1) A telecommunication provider that provides either basic local exchange or toll service, or both, shall not discontinue either service to an exchange unless 1 or more alternative providers for toll service, or 2 or more alternative providers for basic local exchange service, are furnishing a comparable voice service to the customers in the exchange. (2) A telecommunication provider proposing to discontinue a regulated service to an exchange shall file a notice of the discontinuance of service with the commission, publish the notice in a newspaper of general circulation within the exchange, provide notice to each of its customers within the exchange by first-class mail or within customer bills, and provide other reasonable notice as required by the commission. (3) Within 60 days after the date of publication or receipt of the notice required by subsection (2), a person or other telecommunication provider affected by a discontinuance of services by a telecommunication provider may apply to the commission to determine if the discontinuance of service is authorized under this act. Within 90 days after the date of publication of the notice required by subsection (2), the commission may, in response to a request or on its own initiative, commence a proceeding to determine if the discontinuance of service is authorized under this act. The commission has 180 days from the date any proceeding is initiated under this subsection to issue its final order. A provider shall not discontinue service unless it has provided at least 60 days' notice to each customer after a commission order has been issued under this subsection or after the last day for initiating a proceeding under this subsection. 7. As shown below, Total Call satisfies all relevant Commission requirements, with the exception of the requirements of MCL 484.2313(2) & (3), which should be waived for the reasons set forth below. {00068910.2 }3
Designated Service Area 8. Total Call seeks to withdraw its ETC designation throughout its entire designated service area in Michigan. 9. As set forth in 47 U.S.C. 214(e)(4), 47 C.F.R. 54.205, and MCL 484.2313(1), federal and state law require the Commission to permit the withdrawal of an ETC designation and the discontinuance of service in any area served by at least one other ETC and two or more alternative local providers. 10. Total Call provides wireless Lifeline service to customers in approximately seven hundred fourteen (714) wire centers across Michigan. Each of these wire centers is served by an incumbent local exchange carrier ( ILEC ) that is designated as an ETC. See In the Matter of Application of Total Call Mobile, Inc. For Designation As An Eligible Telecommunications Carrier in the State of Michigan, Application, dated Dec. 29, 2011, Exh. 5. 11. As a consequence, following relinquishment of Total Call s ETC designation, Total Call s service area will continue to be served by at least one ILEC ETC. In addition, according to USAC records, Total Call s Lifeline subscribers will have access to at least ten other competitive wireless Lifeline providers that provide service in at least part of Total Call s designated service area including Assurance Wireless, Budget Mobile, and SafeLink Wireless. 2 12. Since at least one ILEC ETC already serves each of the wire centers that Total Call serves, those ETCs will not be required to purchase or construct additional facilities to ensure that Total Call s Lifeline subscribers continue to receive service. In addition, to the best of Total Call s knowledge, none of the competitive wireless Lifeline providers will be required to 2 See http://www.lifelinesupport.org/ls/companies/companylisting.aspx?state=az&statename=michigan. {00068910.2 }4
purchase or construct additional facilities to continue providing service within the wire centers comprising Total Call s service area. 13. Because there is there is at least one additional ETC and at least two additional competitive wireless Lifeline providers in each of Total Call s designated service areas, there is no bar to prevent it from relinquishing its ETC designation and discontinuing service in Michigan, and the requirements of 47 U.S.C. 214(e)(4), 47 C.F.R. 54.205, and MCL 484.2313(1) have been met. Customer and Commission Notice 14. Total Call currently has a total of 11 wireless Lifeline subscribers in Michigan. 15. Total Call sent a written letter to each of its wireless Lifeline subscribers in Michigan. This letter notified each subscriber that Total Call (i) planned to relinquish its ETC designation in Michigan, (ii) planned to discontinue Lifeline service in Michigan, effective December 31, 2016, and (iii) informed each subscriber, that upon relinquishment of Total Call s ETC designation and discontinuance of Lifeline service, a Lifeline discount could be obtained from an ILEC ETC or at least nineteen other competitive wireless Lifeline providers in Total Call s service area. 16. Exhibit A is a sample copy of the notification letter sent to each of Total Call s wireless Lifeline subscribers. 17. Exhibit B is an affidavit attesting that the notification letters were sent to each of Total Call s wireless Lifeline subscribers on December 1, 2016. 18. Upon Commission approval of this application, Total Call will send subscribers a text message reminding customers that Total Call will discontinue service effective December 31, 2016. {00068910.2 }5
19. The notice, which is set forth below, underscores in plain language that the subscriber must make arrangements with another carrier to avoid loss of service and provides a toll-free number that customers may call to reach Total Call s customer service representatives for assistance with this transition. The notice also provides the names of three well-established wireless Lifeline service providers. Total Call Mobile will stop providing your service on December 31, 2016. Please contact another Lifeline provider such as Assurance Wireless, Budget Mobile, and SafeLink Wireless if you still want Lifeline service after December 31, 2016. Questions? Call 1-800-550-5265. 20. Total Call does not require deposits, so there is no need for a plan for return of customer deposits. Request for Waiver of MCL 484.2313(2) & (3) 21. Total Call requests a waiver of compliance with MCL 484.2313(2), which requires a carrier seeking to discontinue service to (i) publish the notice in a newspaper of general circulation within the exchange, in addition to (ii) filing notice with the Commission and (iii) sending notice to each of its customers within the exchange by first class mail or within bills, and provide other reasonable notice as required by the Commission. 22. Total Call also requests a waiver of compliance with MCL 484.2313(3), which (i) allows a person or other telecommunication provider affected by a discontinuance of services to apply to the Commission within sixty (60) days of public notice to determine if the discontinuance of service is authorized; (ii) allows the Commission, in response to a request or on its own initiative, commence a proceeding to determine if the discontinuance of service is authorized {00068910.2 }6
under this act within ninety (90) days of the public notice; (iii) requires the Commission to issue its final order within 180 days from the date any proceeding is initiated under this subsection, and (iv) requires any carrier discontinuing service to provide at least 60 (sixty) days notice to each customer after a commission order has been issued under this subsection. A waiver of MCL 484.2313(2) & (3) should be granted for several reasons. 23. Total Call is a relatively small company that must exit its wireless Lifeline business across the country by the end of this year due to changes in the wireless industry and proposed modifications to the Lifeline program. 24. This Application has notified the Commission of Total Call s intent to relinquish its ETC designation and to discontinue service in Michigan. 25. In addition, affected subscribers have already been notified of the Application by formal letter. 26. Affected subscribers will be notified a second time by text upon approval of this Application. 27. Thus, publication of notice in paper of general circulation will do little or nothing to inform customers or interested parties, but will impose an undue financial burden on Total Call. 28. Subscribers will have access to at least one ILEC ETC and at least nineteen other competitive wireless ETCs, as stated in the notification letter to each subscriber. 29. Subscribers will be afforded at least 30 days notice of discontinuance of service and Total Call will make a customer service number available to respond to customer inquiries. 30. Senior representatives of Total Call will make themselves to answer any inquiries from the Commission. {00068910.2 }7
31. Given these Total Call commitments to customers and the Commission, and the small number of Total Call subscribers in Michigan, there is no need for the Commission to conduct the discretionary hearing permitted by MCL 484.2313(3), since subscribers will be given adequate notice of the discontinuance of service ai1d ongoing assistance in identifying alternative ETC providers. 32. For the foregoing reasons, the Commission should grant a waiver of compliance with MCL 484.2313(2) & (3). Discontinuance of Total Cali's Service in Michigan 33. Given that Total Call should be permitted to relinquish its ETC designation in Michigan for the reasons stated above, the Commission should also permit Total Call to discontinue service in Michigan. CONCLUSION For the foregoing reasons, Total Call respectfully requests that the Commission approve Total Call ' s application to relinquish its Eligible Telecommunications Carrier ("ETC") designation in the State of Michigan, effective December 31, 2016, and approve Total Call' s discontinuance of service in Michigan, effective that same date. Respectfully submitted, By:. /l..,./ /,; ~ -?, r'.) 0'1 l II??.A.. ~ ;'. '-4-:?1""!~ ~~7/1._/',;;?' - BEVAN, MOSCA & GIUDITTA, P.C. 222 Mount Airy Road Suite 200 Basking Ridge, New Jersey 07920 (908) 753-8300 - Office Dated: December 2, 2016 wmosca@bmg.law cwilliams@bmg.law {00068910.2 }8
Exhibit A Dear Lifeline Subscriber, This letter will notify you that Total Call Mobile, Inc. ( Total Call ) plans to relinquish its Eligible Telecommunications Carrier ( ETC ) designation in Michigan and to discontinue the provision of Lifeline service in the state. Total Call intends to file an application with the Michigan Public Service Commission (the Commission ) seeking approval of relinquishment of its ETC designation and discontinuance of the provision of Lifeline service in Michigan. Total Call will seek to discontinue Lifeline service in Michigan effective December 31, 2016, subject to regulatory approval. Upon approval of the application by the Commission, Total Call will provide further notice to you of the exact discontinuance date. In the event that Total Call is permitted to relinquish its ETC designation and to discontinue Lifeline service in Michigan, you can obtain a Lifeline discount from an incumbent local exchange carrier ( ILEC ) ETC Lifeline provider or one of approximately nineteen other competitive wireless ETC Lifeline providers. You can review a list of ILEC ETC Lifeline providers and competitive wireless ETC Lifeline providers at: http://www.lifelinesupport.org/ls/companies. A list of ILEC ETCs and competitive wireless ETCs providing service in at least part of your service area is set forth in the Addendum to this notice. Please do not hesitate to contact Total Call Customer Service at 800-550-5265 if you have any questions. Hideki Kato Chief Operating Officer Total Call Mobile, Inc. {00068910.2 }9
Addendum ILEC ETCs Competitive Wireless ETCs Midwest Energy Cooperative Access Wireless Allband Communications Cooperative Assurance Wireless Hiawatha Telephone Company AT&T Mobility Michigan Central Broadband Co Blue Jay Wireless Midwest Energy Cooperative Boomerang Wireless Allendale Telephone Company Budget Mobile American Broadband & Telecommunications FeelSafe Wireless (Air Voice) AT&T Life Wireless Baraga Telephone Company Q Link Wireless Barry County Telephone Company Safelink Wireless Blanchard Telephone Safety Net Wireless Bloomingdale Telephone Company Sage Telecom Communications, LLC Budget Phone StandUP Wireless Carr Telephone Company Tag Mobile CenturyLink Tempo Telecom Chapin Telephone Company Thumb Cellular Climax Telephone Company Air Voice Wireless Deerfield Farmers' Telephone Co. American Broadband &Telecommunications Frontier Communications Thumb Cellular Global Connection of America Kaleva Telephone Company Lennon Telephone Company Midway Telephone Company Ogden Telephone Company Ontonagon County Telephone Company Pigeon Telephone Company Sand Creek Telephone Company Springport Telephone Company TDS Telecom/Chatham Telephone Company TDS Telecom/Communications Corporation of Michigan TDS Telecom/Island Telephone Company TDS Telecom/Shiawassee Telephone Company TDS Telecom/Wolverine Telephone Company TSI Telephone Company Upper Peninsula Telephone Company Waldron Telephone Company Westphalia Telephone Company Winn Telephone Company {00068910.2 }10