Federal Communications Commission	DA 18-1007


Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554


In the Matter of

Requests for Review of Decisions of the Universal Service Administrator by

Assist Wireless, Inc., et al.

Lifeline Universal Service Support Mechanism
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WC Docket No. 11-42

WC Docket No. 03-109

ORDER 

Adopted:  October 1, 2018	Released:  October 1, 2018

By the Chief, Wireline Competition Bureau:

1. In this Order, the Wireline Competition Bureau (Bureau) addresses a request for correction of its earlier decision Requests for Review of Decisions of the Universal Service Administrator et al., Order, WC Docket Nos. 11-42, 03-109, DA 18-464, at paras. 1, 7 and Appendix (WCB May 7, 2018) (IDV Appeal Order, denying 14 requests for review of USAC decisions).
 denying review of decisions made by the Universal Service Administrative Company (USAC) concerning duplicative support from the Lifeline program.  On June 6, 2018, counsel for one of the companies seeking review of the USAC decisions filed a letter requesting removal of the company’s appeals from the Bureau’s IDV Appeal Order because those appeals previously had been withdrawn. Letter from John J. Heitmann, Counsel for Telrite Corporation d/b/a Life Wireless, to Ajit Pai, Chairman Federal Communications Commission, WC Docket Nos. WC 11-42, 03-109 (June 6, 2018).  As discussed below, the IDV Appeal Order erroneously denied appeals that had previously been withdrawn.  Although the Telrite letter requested that the Commission issue an erratum to correct this error, we will treat the letter as a timely filed petition for reconsideration of this aspect of the order.  As noted, the same error raised in the Telrite letter also affected three other companies whose appeals had also been withdrawn.
  Based on our review, we reverse in part.
2. In the IDV Appeal Order, the Bureau inadvertently erred in denying the appeals submitted by Easy Wireless, Global Connection, Inc., i-Wireless, LLC, and Telrite Corporation.  In December 2017, these four providers each entered into consent decrees with the Commission in which they withdrew their requests for review that were among the appeals that the Bureau denied in its May 2018 order. See Telrite Corporation d/b/a Life Wireless, Order and Consent Decree, 32 FCC Rcd 10974, 10979-10980, 10986, para. 11 and Attachment 1 (2017); Easy Telephone Services d/b/a/ Easy Wireless, Order and Consent Decree, 32 FCC Rcd 10932, 10937-38, 10944, para. 11 and Attachment 1 (2017); Global Connection Inc. of America d/b/a Stand Up Wireless, Order and Consent Decree, 32 FCC Rcd 10946, 10951-52, 10958, para. 11 and Attachment 1 (2017); i-Wireless LLC, Order and Consent Decree, 32 FCC Rcd 10960, 10965-66, 10972, para. 11 and Attachment 1 (2017).   
  When the Bureau issued the denial order, these four parties did not have pending appeals for the Bureau to consider, and the Bureau’s inclusion of these appeals in the IDV Appeal Order was thus in error.  Accordingly, the Bureau now reverses that order in part to remove the Easy Wireless, Global Connection, Inc., i-Wireless, LLC, and Telrite Corporation appeals. 
3. Accordingly, IT IS ORDERED that, pursuant to the authority contained in sections 1.106(j) and (k) of the Commission’s rules, 47 CFR § 1.106(j) and (k), the Bureau’s May 7, 2018, Order denying 14 requests seeking review of USAC’s decision concerning duplicative support is REVERSED IN PART to the extent provided herein, and as indicated in the attached Revised Appendix. 
4. IT IS FURTHER ORDERED that pursuant to section 1.102(b)(1) of the Commission’s rules, 47 CFR § 1.102(b)(1), this Order SHALL BE EFFECTIVE upon release. 

FEDERAL COMMUNICATIONS COMMISSION




Kris Anne Monteith
Chief
Wireline Competition Bureau


REVISED APPENDIX

Petitioner
Month of IDV Review 
Relevant State(s)
USAC Finding Issued
Request for Review date
Assist Wireless, LLC
Mar. 2013
Oklahoma
Nov. 1, 2013
Dec. 31, 2013
Assist Wireless, LLC
Apr. 2013
Oklahoma
Dec. 30, 2013
Feb. 28, 2014
Boomerang Wireless, LLC
Mar. 2013
Iowa
Dec. 30, 2013
Jan. 7, 2014
Apr. 2013
Oklahoma
Dec. 30, 2013
Jan. 7, 2014
Head Start Telecom, Inc.
Mar. 2013
Oklahoma
Nov. 1, 2013
Dec. 30, 2013
Head Start Telecom, Inc.
Apr. 2013
Oklahoma
Dec. 30, 2013
Feb. 28, 2014
Nexus Communications, Inc.
Feb. 2013
New Jersey
Nov. 1, 2013
Feb. 28, 2014
Mar. 2013
Georgia, Louisiana
Nov. 1, 2013
Feb. 28, 2014
Mar. 2013
Ohio
Dec. 30, 2013
Feb. 28, 2014
Apr. 2013
Illinois, 
Mississippi,
Kansas
Dec. 30, 2013
Feb. 28, 2014
Apr. 2013
Michigan
Dec. 30, 2013
Feb. 28, 2014
True Wireless, LLC
June-Nov. 2013
Arkansas, 
Maryland, 
Oklahoma
Dec. 31, 2013
Mar. 4, 2014

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