Florida Public Service Commission native order document 07800-2024

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FILED 7/24/2024
DOCUMENT NO. 07800-2024
FPSC - COMMISSION CLERK

BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION

In re: Application for designation as an eligible | DOCKET NO. 20240096-TP

telecommunications carrier in the State of ORDER NO. PSC-2024-0261-PAA-TP
Florida, by Amerimex Communications Corp. || ISSUED: July 24, 2024
d/b/a SafetyNet Wireless.

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

Amerimex Communications Corp. d/b/a SafetyNet Wireless (Amerimex or Company)
seeks designation as an eligible telecommunications carrier (ETC) for the sole purpose of
providing Lifeline service to qualifying consumers throughout Florida. Amerimex is a provider
of commercial mobile radio service (CMRS) and offers prepaid wireless telecommunications
services to consumers as a reseller. Specifically, Amerimex uses the network infrastructure and
wireless transmission facilities of T-Mobile USA, Inc. (T-Mobile) and AT&T Mobility, LLC
(AT&T) to operate as a Mobile Virtual Network Operator. Amerimex is currently designated as
an ETC providing Lifeline service in 17 other states.

ORDER NO. PSC-2024-0261-PAA-TP
DOCKET NO. 20240096-TP
PAGE 2
As a CMRS provider, Amerimex is regulated as a common carrier pursuant to 47 U.S.C.
§ 153(11).1 Amerimex is a Georgia corporation that has authority to conduct business in Florida.
Amerimex does not have a parent company or subsidiaries.
Amerimex 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. Amerimex
acknowledges and asserts that, if approved, it will comply with Sections 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 the FPSC authority to designate wireless ETC providers.2 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.3
Decision
I. 	Requirements for ETC Designation
This Order addresses whether Amerimex qualifies for ETC designation to provide
Lifeline 	service 	throughout 	the 	State 	of 	Florida. 	ETC 	designation 	is 	necessary 	for
telecommunications companies to participate in the federal Lifeline program.4 Section 364.10,
F.S., allows us to approve Lifeline ETC petitions filed by requesting carriers. Specifically,
Sections 364.10(3)(a) and (b), F.S., provide us with 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.5 To obtain ETC designation
to provide Lifeline services, federal rules require that carriers:
1) 	Be a common carrier;
1 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).
2 House Bill 1231 (2011), effective July 1, 2011.
3 Senate Bill 478 (2024), effective April 15, 2024.
4 47 C.F.R. § 54.201(a).
5 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-2024-0261-PAA-TP
DOCKET NO. 20240096-TP
PAGE 3
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;
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;6
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;7 and
2) 	Participate in the Lifeline Promotion Process.8
II. 	Forbearance of Facilities Requirements
Amerimex plans to offer all of the supported services enumerated under Section 254(c) of
the Act through its wireless resale agreements with T-Mobile and AT&T. Therefore, it sought
forbearance of the facilities requirement from the FCC. On December 26, 2012, the FCC
approved Amerimex’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
Amerimex committed to do the following: 9
1) 	Provide the supported services throughout the carriers’ 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.
6 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.
7 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.
8 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.
9 47 C.F.R. § 54.202(a)

ORDER NO. PSC-2024-0261-PAA-TP
DOCKET NO. 20240096-TP
PAGE 4
Because Amerimex 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, Amerimex is eligible for designation as a Lifeline only ETC in Florida.
III. 	Financial, Managerial, and Technical Capabilities
As noted in its petition, Amerimex has offered service since 1998 and has not filed for
any form of bankruptcy relief. The company has operated as an ETC in 17 states and has not
been subject to ETC revocation proceedings in any state except for Wisconsin, which was
reinstated.10 The company has over 20 years of technical and managerial experience, and it does
not rely exclusively on Lifeline reimbursements for its operating revenues. As Amerimex will be
providing resold wireless service, it will also rely upon the managerial and technical expertise of
its underlying carriers.
IV. 	Public Interest
State commissions are required to find that ETC designation is in the public interest.11
Amerimex 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.12 The FPSC’s estimated
Lifeline participation rate in Florida for the last two years has hovered around 18 percent of
eligible households.13 The increase in carriers servicing this market may increase participation
through additional marketing and would serve the public interest.
V. 	Conclusion
We have reviewed Amerimex’s petition for ETC designation in Florida. Amerimex meets
all the requirements for designation as an ETC. Additionally, the company has demonstrated
sufficient financial, managerial, and technical capabilities. Therefore, we grant Amerimex ETC
designation throughout the State of Florida as identified in Attachment A of this Order. We
further order that if there is a future change of Company ownership, the new owners should 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
10 The Public Service Commission of Wisconsin (WI PSC) granted Amerimex designation as an ETC by Order
effective June 5, 2014 in Docket No. 17090-TI-100. The WI PSC rescinded Amerimex’s ETC designation in Docket
No. 5-TI-2723 effective July 30, 2020 because the Company had not yet offered Lifeline service in Wisconsin and
did not respond to certain data requests issued by us. We granted Amerimex’s petition for re-designation as an ETC
in WI effective January 12, 2024 in Docket No. 17090-TI-101.
11 47 U.S.C. § 214(e)(2)
12 2023 Florida Lifeline Assistance Report, December 2023, Appendix C, p 24.
13 Ibid, p 13.

ORDLR \JO. PSC-202-1-0261-P, \/\-TP
DOCKET NO. 20240096- T P
PAGL5
ORDLRL: D by the Florida Public Service Commi--sion that /\mcrimex Communications
Corp. d/b/a Sal'ct) Net \Vireless·s Petition for Designation as an Eligible Telecommunications
Carrier throughout the State or Florida is GRANTED. lt is further
ORDE R L:D 	that 	Amerimcx 	Communications 	Corp. 	cl /b/a 	Saft:l) Net 	Wireless 	is
designated an eligible telc<.:ommunications carrier for the sole purpose of' providing Lifeline
service to qual i fi ing consume rs in the State or Florida. It is further
ORDERl: D that if there is n future change in /\111cri1m:x Communications Corp. d/b/ r1
Safe!~ Net Wireless's <m ncrship. the ne,\. owners shall tile a petition \\.ilh the Commission to
demonstrate that it is in the pub lic int.:rest to maintain the LTC (.ksignation. It is further
ORDl·.RED that the pro\. i~ions or this Order. issued m, proposed agcnC) action, -;hall
bcrnme lina l ,111d cffccti, e upon the issuance or a Cl)nsummating Order unles-. un nppropriatc
petitiLm. in the f'orm prO\ ickd b: Ruic 28-106.20 I. f· ./\.C.. is ret.:ci, cd h: the Commission Clerk.
25-1-0 ">humarJ Oak. Boule\ nrcl. ·1allahns<;cc . Florida 32399-0850. b) the close uf bw,incss on thc
date set forth in the .. Notice or Further Proceedings nr Judicial Re, ie\\ ·· attached hereto. It is
further
ORD l~Rfl) that in the C\ ent this Order become, final. thi-; clod.ct shall be closed.
13y ORD[R or the Florida Public Service CornmissiL)ll this 2..f.th da) of ./uh . 202-L
Commission Clerk
I loridn Public Sen ice Commission
25-1-0 Shumard Oak. Bnulnar<l
Tallahassee. 1· lorida 12399
(850)-1-13-6770
,, ,, ".flnridapsc.clml
Copies ll.1rnishc\.l: 	,\ 	t.:0p) 	n( this document is
pn.i, id1.:d to the parties of record at the time or
issuance and. ir app licablc. interested persons.

ORDER NO. PSC-2024-0261-PAA-TP
DOCKET NO. 20240096-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 August 14, 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-2024-0261-PAA-TP
DOCKET NO. 20240096-TP ATTACHMENT A
PAGE 7

T-Mobile Coverage

ORDER NO. PSC-2024-0261-PAA-TP
DOCKET NO. 20240096-TP ATTACHMENT A
PAGE 8

AT&T Coverage