Federal Communications Commission	DA 22-992


DA 22-992
Released:  September 21, 2022

WIRELINE COMPETITION BUREAU APPROVES THE AMENDED COMPLIANCE PLAN OF TAG MOBILE, LLC
WC Docket Nos. 09-197 and 11-42

The Wireline Competition Bureau (Bureau) hereby approves the amended compliance plan Amended Compliance Plan of TAG Mobile, LLC, WC Docket Nos. 09-197, 11-42 (filed July 28, 2022), https://files.fcc.gov/ecfs/download/336731c9-d23a-425b-ab62-e7dcab376b76?orig=true&pk=cb77b2ec-1a58-dbc6-139b-ad192cfd5d9b (Amended TAG Compliance Plan).
 of TAG Mobile, LLC (TAG) 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 non-facilities based 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).

Any transfer of ownership or control of an ETC with an approved Lifeline compliance plan requires approval of an amended compliance plan 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 structure of the ETC. Id.

In accordance with this requirement, TAG submitted an amended compliance plan to reflect the proposed change in ownership structure of TAG resulting from its purchase out of bankruptcy by Softel Holdings, LLC (Softel) See Amended TAG Compliance Plan at 17-18.
 and to otherwise update TAG’s Compliance Plan to describe the measures TAG has implemented to comply with the rules and regulations of the Commission governing the provision of prepaid wireless Lifeline services since TAG’s original Compliance Plan was previously approved. See id. at 3.
  TAG is a Lifeline ETC in nineteen states. These states are: Arizona, Arkansas, California, Colorado, Iowa, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Missouri, Nevada, Oklahoma, Pennsylvania, South Carolina, Texas, West Virginia, and Wisconsin.  Id. at 2.  
  As approved by TAG’s bankruptcy trustee, Softel will acquire one hundred percent of the membership interests of TAG after the transaction closes. Id. at 18.
  Softel is a Texas limited liability company controlled by Henry Do, and Mr. Do also operates several other service providers that participate in the Commission’s low-income programs. See id. at 18-19. 

The Bureau has reviewed TAG’s amended compliance plan for conformance with the relevant requirements and now approves the Amended Compliance Plan.  We note that with respect to this matter, TAG will remain the only entity with an approved compliance plan.  Additionally, TAG 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. See 47 U.S.C. § 214(e)(4).
  
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 Allison Jones, Telecommunications Access Policy Division, Wireline Competition Bureau at allison.jones@fcc.gov.



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