Federal Communications Commission	DA 21-660


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


In the Matter of

Telecommunications Carriers Eligible for Universal Service Support
)
)
)
)
)


WC Docket No. 09-197

ORDER

Adopted:  June 8, 2021	Released:  June 8, 2021

By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:

1. In this Order, we approve the request of T-Mobile USA, Inc. (T-Mobile) on behalf of its wholly-owned subsidiary, T-Mobile Northeast LLC, to relinquish its eligible telecommunications carrier (ETC) designation in Virginia, granted for the purpose of participating in the Mobility Fund Phase I auction. See T-Mobile Northeast LLC’s Petition for Relinquishment of its Mobility Fund I Eligible Telecommunications Carrier Designation Pursuant to 47 U.S.C. § 214(e)(4), WC Docket No. 09-197 (filed Dec. 21, 2020) (T-Mobile Virginia ETC Relinquishment Petition).  The relinquishment is granted without prejudice to T-Mobile applying for ETC status in Virginia at a later date.
  T-Mobile has committed to continuing to provide wireless service to qualified low-income consumers in Virginia under its separate Lifeline-only ETC designation. See id. at 2; Petition of T-Mobile USA, Inc. for Designation as a Low-Income Eligible Telecommunications Carrier, Amended Petition of NTCH, Inc. for Designation as an Eligible Telecommunications Carrier in the States of North Carolina and Tennessee, WC Docket No. 09-197, Order, 27 FCC Rcd 9495 (WCB 2012) (T-Mobile Lifeline-only ETC Designation Order).

2. Section 214(e)(6) of the Communications Act of 1934, as amended (the Act), authorizes the FCC to designate a carrier as an ETC when a state commission lacks jurisdiction. 47 U.S.C. § 214(e)(6).
  Section 214(e)(4) of the Act provides that the Commission shall permit an ETC to relinquish its designation “in any area served by more than one” ETC so long as “the remaining [ETCs] ensure that all customers served by the relinquishing carrier will continue to be served.” 47 U.S.C. § 214(e)(4)
  Consistent with this statutory requirement, once the requesting ETC makes the required showing under section 214(e)(4), a state commission or the FCC grants the request for relinquishment. 
3. On July 3, 2012, the Wireline Competition Bureau (WCB) and the Wireless Telecommunications Bureau (WTB) designated T-Mobile as an ETC in one census tract in Virginia, contingent on T-Mobile receiving support in Mobility Fund Phase I. Petition of T-Mobile for FCC Designation as an Eligible Telecommunications Carrier for Mobility Fund Phase I, WC Docket No. 09-197, Order, 27 FCC Rcd 7247 (WCB/WTB 2012).
  On August 12, 2012, WCB designated T-Mobile as a Lifeline-only ETC in its licensed service area in Virginia, which includes the census tract where T-Mobile is a ETC under Mobility Fund Phase I. See T-Mobile Lifeline-only ETC Designation Order, 27 FCC Rcd at 9500, para. 17.

4. T-Mobile states that it has met its Mobility Fund Phase I deployment obligations and will continue to meet its remaining obligation to retain documents. T-Mobile Virginia ETC Relinquishment Petition at 2.
  T-Mobile further states that it will continue to provide wireless service to consumers in Virginia under its Lifeline-only designation so that existing and future qualified customers will receive Lifeline services. See id. at 2.
  Hence, all customers served by the relinquishing ETC will continue to be served, indeed, by the same carrier, and based on these facts, we conclude that it is appropriate to grant T-Mobile’s request to relinquish its Mobility Fund Phase I ETC designation. See 47 U.S.C. § 214(e)(4).
 
5. Accordingly, IT IS ORDERED that, pursuant to the authority contained in section 214(e)(4) of the Communications Act of 1934, as amended, 47 U.S.C. 214(e)(4), and the authority delegated in sections 0.91 and 0.291 of the Commission’s rules, 47 CFR §§ 0.91, 0.291, the ETC designation of T-Mobile IS RELINQUISHED in Virginia (SAC 189001). USAC shall discontinue the eligibility of the SAC 198001 assigned to T-Mobile in Virginia according to the effective dates established in this Order. 

6. IT IS FURTHER ORDERED that T-Mobile SHALL TRANSMIT a copy of this Order to the relevant state commission in Virginia and the Universal Service Administrative Company. 
7. 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




Ryan B. Palmer
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau




2