Florida Public Service Commission native order document 06760-2024

OCR transcription for search; preserved printed pages are authoritative

FILED 6/20/2024
DOCUMENT NO. 06760-2024
FPSC - COMMISSION CLERK

BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION

In re: Petition for designation as an eligible DOCKET NO. 20240069-TP
telecommunications carrier (ETC) in the State | ORDER NO. PSC-2024-0207-PAA-TP
of Florida, by TEMPO TELECOM, LLC. ISSUED: June 20, 2024

The following Commissioners participated in the disposition of this matter:

MIKE LA ROSA, Chairman
ART GRAHAM
GARY F. CLARK
ANDREW GILES FAY
GABRIELLA PASSIDOMO

NOTICE OF PROPOSED AGENCY ACTION
ORDER GRANTING ELIGIBLE TELECOMMUNICATIONS CARRIER DESIGNATION

BY THE COMMISSION:

NOTICE is hereby given by the Florida Public Service Commission that the action
discussed herein is preliminary in nature and will become final unless a person whose interests
are substantially affected files a petition for a formal proceeding, pursuant to Rule 25-22.029,
Florida Administrative Code (F.A.C.).

Background

TEMPO TELECOM, LLC (TEMPO or Company) seeks designation as an eligible
telecommunications carrier (ETC) for the sole purpose to provide Lifeline service to qualifying
consumers throughout Florida. TEMPO is a provider of commercial mobile radio service
(CMRS) and provides prepaid wireless telecommunications services to consumers by using the
underlying wireless network of T-Mobile USA, Inc (T-Mobile). TEMPO is currently designated
as an ETC providing Lifeline service in 30 other states.

As a CMRS provider, TEMPO is regulated as a common carrier pursuant to 47 U.S.C. §
153(11).! TEMPO is a Georgia limited liability company and a wholly-owned subsidiary of
Lingo Management, LLC (Lingo Management). On January 24, 2023, Lingo Management
agreed that, subject to regulatory approval, Lingo Management will transfer 100 percent of the
outstanding membership interests in TEMPO to Insight Mobile, Inc (Insight Mobile). Insight
Mobile is a Delaware corporation that is not currently providing telecommunications services,

' 47 U.S.C. § 153(11) (defining a common carrier as “any person engaged as a common carrier for hire, in interstate
or foreign communications by wire or radio .. . .”; 47 U.S.C. § 332(c)(1)(A) (treating commercial mobile service
providers as common carriers).

ORDER NO. PSC-2024-0207-PAA-TP
DOCKET NO. 20240069-TP
PAGE 2
and is wholly-owned by Mr. Shadi Aslemand. TEMPO currently has an updated compliance plan
pending with the FCC that reflects the aforementioned transaction.2
TEMPO asserts that it meets all applicable federal requirements for designation as a
Lifeline only ETC in Florida pursuant to 47 U.S.C. 214(e) and 47 C.F.R. 54.201. TEMPO
acknowledges and asserts that, if approved, it will comply with Section 364.10 and 364.105,
Florida Statutes (F.S.) and Rule 25-4.0665, Florida Administrative Code (F.A.C.), which govern
Lifeline service and provide for a transitional discount for customers who no longer qualify for
Lifeline. In addition to the federal rules and statutes discussed above, we have jurisdiction in this
matter pursuant to Section 364.10, F.S.
Section 214(e)(2) of the Telecommunications Act of 1996 (the Act) provides state public
utility commissions with “primary responsibility” for the designation of ETCs. We initially
exercised this authority to designate both wireline and wireless carriers as ETCs. In 2011, the
Florida Legislature removed our authority to designate wireless ETC providers.3 However, the
Florida Legislature amended Section 364.10, F.S., in 2024 to specifically grant us jurisdiction to
address wireless ETC petitions for Lifeline purposes only.4
Decision
I. 	Requirements for ETC Designtion
This Order addresses whether TEMPO ualifies for ETC designation to provide Lifeline
Services throughout the State of Florida, ETC designation is necessary for telecommunications
companies to participate in the federal Lifeline program.5 Section 364.10, F.S., allows us to
approve 	wireless 	Lifeline 	ETC 	petitions 	for 	requesting 	carriers. 	Specifically, 	paragraphs
364.10(1)(a) and (3)(a) F.S., provide us 	with the authority to designate a commercial mobile
radio service provider as an ETC for the limited purpose of providing Lifeline service.
Federal rules outline the requirements for ETC designation.6 To obtain ETC designation
to provide Lifeline services, federal rules require that carriers:
1) 	Be a common carrier;
2) 	Offer the services that are supported by the federal universal support mechanisms
either using its own facilities or a combination of its own facilities and resale of
another carrier’s services;
2 TEMPO’s petition, Tempo Telecom LLC Second Updated Compliance Plan, April 28, 2023, Exhibit 3
3 House Bill 1231 (2011), effective July 1, 2011.
4 Senate Bill 478 (2024), effective April 15, 2024.
5 47 C.F.R. § 54.201(a).
6 47 U.S.C. § 214(e)(1); 47 C.F.R. § 54.101, 47 C.F.R. § 54.201, and 47 C.F.R. § 54.401; While 47 C.F.R. §
54.101(a) also includes requirements addressing toll limitation services to qualifying low-income consumers, the
FCC in its 2012 Lifeline and Link Up Reform Order (FCC 12-11) stated that: “ETCs are not required to offer toll
limitation service to low-income consumers if the Lifeline offering provides a set amount of minutes that do not
distinguish between toll and non-toll calls.”

ORDER NO. PSC-2024-0207-PAA-TP
DOCKET NO. 20240069-TP
PAGE 3
3) 	Advertise the availability of its Lifeline service through a media of general
distribution;
4) 	Provide voice grade access to the public switch network or its functional
equivalent;
5) 	Offer minutes of use for local service at no additional charge to end users;
6) 	Provide access to the emergency services available by local government or other
public safety organizations;
7) 	Provide Broadband Internet Access Service;7
8) 	Demonstrate financial and technical capability to provide Lifeline service; and
9) 	Not charge Lifeline customers a monthly number-portability charge.
In addition, Florida law requires ETCs to:
1) 	Offer a discounted transitional basic telecommunications service;8 and
2) 	Participate in the Lifeline Promotion Process.9
II. 	Forbearance of Facilities Requirements
TEMPO plans to offer all of the supported services enumerated under Section 254(c) of
the Act through its wireless resale agreement with T-Mobile. Therefore, it sought forbearance of
the facilities requirement from the FCC. On May 25, 2012, the FCC approved 	TEMPO’s
compliance plan as a condition of obtaining forbearance from the facilities requirement for the
provision of Lifeline service. As part of its compliance plan TEMPO committed to do the
following:10
1) 	Provide the supported services throughout the carrier’s designated areas;
2) 	Remain functional in emergency situations;
3) 	Comply 	with 	the 	Cellular 	Telecommunications 	and 	Internet 	Association's
Consumer Code for Wireless Service;
4) 	Demonstrate that it is financially and technically capable of providing the Lifeline
service in compliance with federal rules; and
5) 	Describe the terms and conditions of the broadband Internet access service plans
offered to Lifeline subscribers.
Because TEMPO will offer the supported services and is compliant with the FCC
requirements pursuant to 47 U.S.C. § 214(e) and 47 C.F.R. § 54.201, as well as the Florida
specific requirements, TEMPO is eligible for designation as a Lifeline only ETC in Florida.
7 Broadband Internet Access Service (BIAS) is defined as a mass-market retail service that provides the capability to
transmit and receive data, but excluding dial-up service.
8 Section 364.105, F.S states that each ETC shall offer a residential basic local telecommunications service at 70
percent of the residential local telecommunications service rate for any Lifeline subscriber who no longer qualifies
for Lifeline for a period of 1 year after the date the subscriber ceases to qualify for Lifeline .
9 Rule 25-4.0665(3), F.A.C. The Lifeline Promotion Process is an electronic system developed in collaboration with
the Florida Department of Children and Families, ETCs and the FPSC. This system helps assist ETCs and the FPSC
in providing information on how to apply for Lifeline assistance to eligible customers.
10 47 C.F.R. § 54.202(a)

ORDER NO. PSC-2024-0207-PAA-TP
DOCKET NO. 20240069-TP
PAGE 4
III. 	Financial, Managerial, and Technical Capabilities
As noted in its petition, TEMPO has offered service since 2012 and has not filed for any
form of bankruptcy relief. The company has operated as an ETC in 30 states and has not been
subject to any ETC revocation proceedings. The company has over 10 years of technical and
managerial experience, and it does not rely exclusively on Lifeline reimbursements for its
operating revenues. As TEMPO will be providing resold wireless service, it will also rely upon
the managerial and technical expertise of its underlying carriers. Additionally, on April 28, 2023,
TEMPO asserted to the FCC in an updated compliance plan filing that it has not been subject to
an abnormal number of FCC enforcement proceedings within the last ten years, and such
proceedings generally have focused on missed/late filings.11
IV. 	Public Interest
State commissions are required to find that ETC designation is in the public interest.12
TEMPO asserts granting its ETC designation will bring Lifeline eligible consumers more choice
in providers without creating an additional burden on the federal high-cost programs. In Florida,
consumers are currently limited to three wireless Lifeline providers. These three companies
represent 98 percent of the Lifeline market in Florida.13 However, our estimated Lifeline
participation rate for the last two years has hovered around 18 percent.14 The increase in carriers
servicing this market may increase participation through additional marketing and would serve
the public interest.
V. 	Conclusion
We have reviewed TEMPO’s petition for ETC designation in Florida. TEMPO meets all
the requirements for designation as an ETC. Additionally, the company has demonstrated
sufficient financial, managerial, and technical capabilities. Therefore, we grant TEMPO an ETC
designation 	throughout 	the 	State 	of 	Florida 	as 	identified 	in 	Attachment 	A 	of 	this
recommendation. We further order that if there is a future change of Company ownership, the
new owners shall be required to file a petition with us to demonstrate that it is in the public
interest to maintain the Company’s ETC designation.
Based on the foregoing, it is
ORDERED by the Florida Public Service Commission that TEMPO TELECOM, LLC’s
Petition for Designation as an Eligible Telecommunications Carrier throughout the State of
Florida is GRANTED. It is further
11 TEMPO’s petition, Tempo Telecom LLC Second Updated Compliance Plan, April 28, 2023, Exhibit 3, p 8.
12 47 U.S.C. § 214(e)(2)
13 2023 Florida Lifeline Assistance Report, December 2023, Appendix C, p 24.
14 Ibid, p 13.

ORDER NO. PSC-2024-0207-PAA-TP
DOCKET NO. 20240069-TP
PAGES
ORDERED that TEMPO TELECOM, LLC is designated an eligible telecommunications
carrier for the sole purpose of providing Lifeline service to qualifying consumers in the State or
Florida. It is further
ORDERED that if there is a future change in TEMPO TELECOM, LLC 'S ownership, the
new owners shall file a petition with the Commission to demonstrate that it is in the public
interest to maintain the ETC designation. It is further
ORDERED that the provisions of this Order, issued as proposed agency action, shall
become final and effective upon the issuance of a Consummating Order unless an appropriate
petition, in the form provided by Rule 28-106.201, F.A.C., is received by the Commission Clerk,
2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on the
date set forth in the ''Notice of Further Proceedings or Judicial Review·' attached hereto. lt is
further
TPS
ORDERED that in the event this Order becomes final, this docket shall be closed.
By ORDER of the Florida Public Service Commission this 20th day of June, 2024.
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee. Florida 32399
(850) 413-6770
·www.floridapsc.com
Copies furnished: 	A copy of this document is
provided to the parties of record at the time of
issuance and, if applicable, interested persons.

ORDER NO. PSC-2024-0207-PAA-TP
DOCKET NO. 20240069-TP
PAGE 6
NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission is required by Section 120.569(1), Florida
Statutes, to notify parties of any administrative hearing that is available under Section 120.57,
Florida Statutes, as well as the procedures and time limits that apply. This notice should not be
construed to mean all requests for an administrative hearing will be granted or result in the relief
sought.
Mediation may be available on a case-by-case basis. 	If mediation is conducted, it does
not affect a substantially interested person's right to a hearing.
The action proposed herein is preliminary in nature. Any person whose substantial
interests are affected by the action proposed by this order may file a petition for a formal
proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. 	This
petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard,
Tallahassee, Florida 32399-0850, by the close of business on July 11, 2024.
In the absence of such a petition, this order shall become final and effective upon the
issuance of a Consummating Order.
Any objection or protest filed in this/these docket(s) before the issuance date of this order
is considered abandoned unless it satisfies the foregoing conditions and is renewed within the
specified protest period.

ORDER NO. PSC-2024-0207-PAA-TP DOCKET NO. 20240069-TP
PAGE 7
T-Mobile Coverage
bbile
Tallahassee
ensaco
Jacksonville
Panama City
Apalachicola
Gainesville
Palm Coast
X
Daytona Beach
FLORIDA
Orlando
Lakeland
Tampa
Palm Bay
Port Saint Lucie
North Port
Cape Coral
Fort Lauderdale
Miami
KeyWest
5G Ultra Capacity
5G Extended Range
4G LTE
3G/2G
Partner
Partner: Canada and Mexico
No coverage
ATTACHMENT A