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DA 18-1081
Released:  October 23, 2018
WIRELINE COMPETITION BUREAU APPROVES THE WIRELESS COMPLIANCE PLAN OF IM TELECOM
WC Docket Nos. 09-197, 11-42
The Wireline Competition Bureau (Bureau) hereby approves the wireless compliance plan See IM Telecom, LLC Revised Compliance Plan – Acquisition by KonaTel, Inc., WC Docket No. 09-197, 11-42 (filed Apr. 16, 2018) (IM Telecom Compliance Plan).
 of IM Telecom d/b/a Infiniti Mobile, (IM Telecom) filed pursuant to the requirements for the continued provision of Lifeline service. See Lifeline and Link Up Reform and Modernization et al, 27 FCC Rcd 6656, 6816, paras. 379-380 (2012) (2012 Lifeline Reform Order); In the Matter of Lifeline & Link Up Reform & Modernization, 30 FCC Rcd 7818 (2015) (2015 Lifeline Order). 

The Act provides that a carrier be designated as an eligible telecommunications carrier (ETC) to receive universal service support. 47 U.S.C. § 214(e)(1)(A).
  The Commission has required that all telecommunications carriers seeking Lifeline-only ETC designation must meet the following conditions: (1) compliance with certain 911 and enhanced 911 (E911) public safety requirements; and (2) Bureau approval of a compliance plan providing specific information regarding the carrier and its service offerings and outlining the measures the carrier will take to implement its obligations. See 2012 Lifeline Reform Order, 27 FCC Rcd at 6814, 6819, paras. 373 and 389.  Subsequently, the Bureau provided guidance for carriers submitting compliance plans pursuant to the 2012 Lifeline Reform Order.  See Wireline Competition Bureau Provides Guidance for the Submission of Compliance Plans Pursuant to the Lifeline Reform Order, Public Notice, 27 FCC Rcd 2186 (WCB 2012).

The Bureau has clarified that any transfer of ownership or control of an ETC with an approved Lifeline compliance plan requires Commission approval in advance of the transaction. Wireline Competition Bureau Reminds Carriers of Eligible Telecommunications Carrier Designation and Compliance Plan Approval Requirements for Receipt of Federal Universal Service Support, Public Notice, 29 FCC Rcd 9144, 9145 (WCB 2014) (2014 ETC Public Notice). 
  This includes renewing compliance plan approval for changes in the corporate ownership and control of the ETC. Id.
  
In accordance with this requirement, IM Telecom submitted an amended compliance plan for its wireless Lifeline service for Bureau approval. See IM Telecom Compliance Plan.
  IM Telecom has a previously-approved wireless compliance plan See Wireline Competition Bureau Approves the Compliance Plans of Birch Communications, Boomerang Wireless, IM Telecom, Q Link Wireless, and TAG Mobile, Public Notice, 27 FCC Rcd 9184 (WCB 2012).
 and currently provides wireless Lifeline service in seven states. IM Telecom Compliance Plan at 2.  See also Letter to Marlene Dortch, Secretary, Federal Communications Commission from John Heitmann, Counsel to KonaTel, Inc. Kelley Drye & Warren LLP, WC Docket Nos. 11-42, 09-197 (filed Jun. 29, 2018).
  IM Telecom was wholly-owned by Mr. Trevan V. Morrow, who transferred all of his interests to KonaTel Parent per the agreement reached on February 5, 2018. IM Telecom Compliance Plan at 2.
  Pursuant to the terms of the agreement, IM Telecom will be a direct wholly-owned subsidiary of KonaTel Parent. Id.

The Bureau has reviewed IM Telecom’s wireless compliance plan for conformance with the relevant requirements, and now approves the compliance plan.  We note that with respect to this matter, IM Telecom will remain the only entity with an approved compliance plan.  Additionally, IM Telecom must continue to comply with any future additions to or amendments of the Lifeline program rules unless it has relinquished its relevant designation(s) pursuant to section 214(e)(4) of the Act.  
People with Disabilities:  To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418-7400 or TTY (202) 418-0484.
For further information, please contact Michelle Schaefer, Telecommunications Access Policy Division, Wireline Competition Bureau at (202) 418-2705.
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