Florida Public Service Commission native order document 09613-2024

FILED 10/21/2024
DOCUMENT NO. 09613-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for designation as an eligible
telecommunications carrier in the State of
Florida, by Air Voice Wireless, LLC d/b/a
AirTalk Wireless.
DOCKET NO. 20240112-TP
ORDER NO. PSC-2024-0456-PAA-TP
ISSUED: October 21, 2024
The following Commissioners participated in the disposition of this matter:
MIKE LA ROSA, Chairman
ARTGRAHAM
GARYF.CLARK
ANDREW GILES FAY
GABRIELLA P ASSIDOMO
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
Air 	Voice 	Wireless, 	LLC 	d/b/a AirTalk Wireless 	(Air 	Voice 	or 	Company) 	seeks
designation as an eligible telecommunications carrier (ETC) for the sole purpose of providing
Lifeline services to qualifying consumers throughout Florida. Air Voice is a provider of
commercial mobile radio service (CMRS) and offers prepaid wireless telecommunications
services to consumers as a reseller. Specifically, Air Voice uses the network infrastructure and
wireless transmission facilities of AT&T to operate as a Mobile Virtual Network Operator. Air
Voice is currently designated as an ETC providing Lifeline service in 40 other states.
As a CMRS provider, Air Voice is regulated as a common carrier pursuant to 47 U.S.C. §
153(11).1 Air Voice is a Texas Limited Liability Company (LLC) authorized to do business as a
foreign LLC in the State of Florida. Air Voice is a wholly owned subsidiary of VTel Holdings,
LLC which is wholly owned by Henry Hung Do.
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 commun ic ations by wire or radio .... "); 47 U.S.C. § 332(c)(l)(A) (treating commercial mobile service
providers as common carriers).

ORDER NO. PSC-2024-0456-PAA-TP
DOCKET NO. 20240112-TP
PAGE 2
Air Voice 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. Air Voice
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 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. In addition,
Section 364.10(3) F.S. specifically grants us jurisdiction to address wireless ETC petitions for
Lifeline purposes only.
Decision
I. 	Requirements for ETC Designation
This Order addresses whether Air Voice 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. 	Section 364.10(3), F.S. allows us to
approve wireless Lifeline ETC petitions by requesting carriers. Federal rules outline the
requirements for ETC designation. 	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;
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;
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 the following for ETC designation:
1) 	Offer discounted transitional basic telecommunications service.
2) 	Participate in the Lifeline Promotion Process.

ORDER NO. PSC-2024-0456-PAA-TP
DOCKET NO. 20240112-TP
PAGE 3
II. 	Forbearance of Facilities Requirement
Air Voice plans to offer all of the supported services enumerated under Section 254(c) of
the Act through its wireless resale agreement with AT&T. Therefore, it sought forbearance of the
facilities requirement from the Federal Communications Commission (FCC). On December 26,
2012, the FCC approved Air Voice’s compliance plan that is a condition for obtaining
forbearance from the facilities requirement for the provision of Lifeline service. 	As part of its
compliance plan Air Voice committed to do the following:
1) 	Provide the supported services throughout the carrier’s designated area;
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 Air Voice 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, Air Voice is eligible for designation as a Lifeline only ETC in Florida.
III. 	Financial, Managerial, and Technical Capabilities
The Company has operated as an ETC in 40 states and has not been subject to any ETC
revocation proceedings. While Air Voice has had ownership changes and enforcement actions by
the FCC, which were resolved promptly, the Company has not had any bankruptcies under the
current ownership. 	At present, the Company is in good standing with the FCC. The Company
has over 25 years of technical and managerial experience, and it does not rely exclusively on
Lifeline reimbursements for its operating revenues. As Air Voice will be providing resold
wireless service, it will also rely upon the managerial and technical expertise of its underlying
carrier.
IV. 	Public Interest
State commissions are required to find that ETC designation is in the public interest. Air
Voice asserts granting its ETC designation will increase options for Lifeline eligible consumers
by providing an additional choice of providers. Moreover, Air Voice contends that wireless
service offers a more reliable mode of communication. After a thorough evaluation, we
determined that in addition to broadening consumer choice and improving service stability, Air
Voice’s offerings are competitive and comparable to existing services. Therefore, we believe that
granting Air Voice ETC designation would serve the public interest.

ORDER NO. PSC-2024-0456-PAA-TP
DOCKET NO. 20240112-TP
PAGE 4
V. 	Conclusion
We have reviewed Air Voice’s petition for ETC designation in Florida. Air Voice meets
all the requirements for designation as an ETC. Additionally, the Company has demonstrated
sufficient financial, managerial, and technical capabilities. Therefore, we grant Air Voice
designation in the service areas 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
ORDERED by the Florida Public Service Commission that Air Voice Wireless, LLC
d/b/a AirTalk Wireless’s Petition for Designation as Eligible Telecommunications Carrier
throughout the State of Florida is GRANTED. It is further
ORDERED that Air Voice Wireless, LLC d/b/a AirTalk Wireless is designated an
eligible telecommunications carrier for the sole purpose of providing Lifeline service to
qualifying consumers in the State of Florida. It is further
ORDERED that if there is a future change in Air Voice Wireless, LLC d/b/a AirTalk
Wireless'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 28-106.20 l. 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. It is
further
ORDERED that in the event this Order becomes final, this docket shall be closed.

ORDER NO. PSC - 202 4-04 56 - PAA -TP
D OC K ET NO. 20240 11 2-T P
P AGE 5
By ORDE R of the Flo ri da Pub li c Service Comm ission this 21st day of Oc to ber, 2024.
SF
---
Comm i 	ion
Flo ri da Publi c Se rvice Co mmi ssion
2540 Shumard Oak Bou leva rd
Ta llahassee, Florida 32399
(850) 4 13-6770
www.fl oridapsc.com
Copies fu rnished: 	A copy of this document is
provided to the pa rti es of record at the time of
issuance and , if applica ble, interested perso ns.

ORDER NO. PSC-2024-0456-PAA-TP
DOCKET NO. 20240112-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 November 12, 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-2024-0456-PAA-TP
DOCKET NO. 20240112-TP 	ATTACHMENT A
PAGE 7
EXHIBIT A
DESIGNATED SERVICE AREA
AirVoice is proposing to offer Lifeline supported service throughout the State of Florida,
as illustrated in the following coverage map for AirVoice’s underlying carrier, AT&T: