Federal Communications Commission FCC 09-17 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Federal-State Joint Board on Universal Service
TracFone Wireless, Inc.
Petition for Designation as an Eligible 
Telecommunications Carrier in the State of New 
York
Petition for Designation as an Eligible 
Telecommunications Carrier in the State of Florida
Petition for Designation as an Eligible 
Telecommunications Carrier in the 
Commonwealth of Virginia
Petition for Designation as an Eligible 
Telecommunications Carrier in the State of 
Connecticut
Petition for Designation as an Eligible 
Telecommunications Carrier in the 
Commonwealth of Massachusetts
Petition for Designation as an Eligible 
Telecommunications Carrier in the State of 
Alabama
Petition for Designation as an Eligible 
Telecommunications Carrier in the State of North 
Carolina
Petition for Designation as an Eligible 
Telecommunications Carrier in the State of 
Tennessee
Petition for Designation as an Eligible 
Telecommunications Carrier in the State of 
Delaware for the Limited Purpose of Offering 
Lifeline Service to Qualified Households
Petition for Designation as an Eligible 
Telecommunications Carrier in the State of New 
Hampshire for the Limited Purpose of Offering 
Lifeline Service to Qualified Households 
Petition for Designation as an Eligible 
Telecommunications Carrier in the 
Commonwealth of Pennsylvania for the Limited 
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CC Docket No. 96-45
Federal Communications Commission FCC 09-17 
2
Purpose of Offering Lifeline Service to Qualified 
Households
Petition for Designation as an Eligible 
Telecommunications Carrier in the District of 
Columbia for the Limited Purpose of Offering 
Lifeline Service to Qualified Households
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ORDER
Adopted:  March 4, 2009 Released:  March 5, 2009
By the Commission:    
I. INTRODUCTION
1. In this order, we grant a petition for modification filed by TracFone Wireless, Inc. 
(TracFone).  TracFone seeks modification of a condition imposed as part of the Commission’s grant of 
TracFone’s request for forbearance allowing it to be designated as an eligible telecommunications carrier 
(ETC) for the purposes of providing low-income universal service support to its customers under the 
Lifeline program.1 Specifically, we grant TracFone’s request to modify the requirement that TracFone 
obtain a certification from each public safety answering point (PSAP) where it provides Lifeline service 
confirming that TracFone provides its customers with access to basic and E911 service.2 TracFone must 
still request such certification from each PSAP within its service area; however, if, within 90 days of 
TracFone’s request, a PSAP has not provided the certification and the PSAP has not made an affirmative 
finding that TracFone does not provide its customers with access to 911 and E911 service within the 
PSAP’s service area, TracFone may self-certify that it meets the basic and E911 requirements.  Grant of 
this request will allow TracFone to provide Lifeline service to low-income consumers within its service 
areas in a timely manner, while also ensuring that TracFone’s Lifeline customers have access to necessary 
911 services.
  
1 See Petition for Modification of Public Safety Answering Point Certification Condition by TracFone Wireless, 
Inc., CC Docket No. 96-45 (filed Nov. 21, 2008) (TracFone Petition); see also Petition of TracFone Wireless, Inc. 
for Forbearance from 47 U.S.C. § 214(e)(1)(A) and 47 C.F.R. § 54.201(i), CC Docket No. 96-45, Order, 20 FCC 
Rcd 15095 (2005) (TracFone Forbearance Order); Federal-State Joint Board on Universal Service, TracFone 
Wireless, Inc. Petition for Designation as an Eligible Telecommunications Carrier in the State of New York et al., 
CC Docket No. 96-45, Order, 23 FCC Rcd 6206 (2008) (TracFone ETC Designation Order) (designating TracFone 
as an ETC for Lifeline support only in New York, Virginia, Connecticut, Massachusetts, Alabama, North Carolina, 
Tennessee, Delaware, New Hampshire, Pennsylvania, and the District of Columbia).  Under the Lifeline program, 
low-income consumers receive discounts on their monthly charges for local phone service.  47 C.F.R. § 54.401.  In 
its initial comments on the petition, the Pennsylvania Public Utility Commission (Pennsylvania Commission) sought 
an extension of the pleading cycle, seeking four additional weeks for comments and two more weeks for reply 
comments.  Pennsylvania Commission Comments at 2.  The Pennsylvania Commission filed comments and reply 
comments, as well as an ex parte filing in response to the TracFone Petition.  See infra note 10; Letter from Joseph 
K. Witmer, Assistant Counsel, Pennsylvania Commission Law Bureau, to Marlene Dortch, Office of the Secretary, 
Federal Communications Commission, CC Docket No. 96-45 (dated Jan. 29, 2009) (Pennsylvania Commission 
January 29th Ex Parte Letter).  We find that the Pennsylvania Commission was able to provide comment on the 
TracFone Petition without the need for an extension of the pleading cycle.  We therefore deny the Pennsylvania 
Commission’s request.
2 TracFone Forbearance Order, 20 FCC Rcd at 15102, para. 16; see also TracFone ETC Designation Order, 23 
FCC Rcd at 6215, para. 22 (declining TracFone’s request to modify the forbearance condition requiring TracFone to 
obtain the required certification from each PSAP).
Federal Communications Commission FCC 09-17 
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II. BACKGROUND
2. Section 254(e) of the Communications Act of 1934, as amended, (the Act) provides that 
“only an eligible telecommunications carrier designated under section 214(e) shall be eligible to receive 
specific Federal universal service support.”3 Pursuant to section 214(e)(1) of the Act, a common carrier 
designated as an ETC must offer the services supported by the federal universal service mechanisms 
either using its own facilities, or a combination of its own facilities and resale of another carrier’s 
services.4
3. TracFone provides prepaid wireless services on a resale basis only, rather than providing 
service over its own facilities.5 On September 8, 2005, the Commission conditionally granted TracFone’s 
request for forbearance from the facilities-based requirement of section 214(e)(1) of the Act.6 Among 
other things, the forbearance grant was conditioned on the requirement that TracFone obtain a 
certification from each PSAP where it provides Lifeline service confirming that TracFone provides its 
customers with access to basic and E911 service.7 On April 11, 2008, the Commission conditionally 
designated TracFone an ETC for the purpose of receiving Lifeline support only in its licensed service 
areas in New York, Virginia, Connecticut, Massachusetts, Alabama, North Carolina, Tennessee, 
Delaware, New Hampshire, Pennsylvania,8 and the District of Columbia.9 In the TracFone ETC 
  
3 47 U.S.C. § 254(e).
4 47 U.S.C. § 214(e)(1)(A); see also 47 C.F.R. § 54.201(d)(1).
5 TracFone Petition at 3-4.
6 TracFone Forbearance Order, 20 FCC Rcd at 15102, para. 16.
7 Id. at 15098, para. 6.  Grant of forbearance was conditioned on TracFone:  (a) providing its Lifeline customers with 
911 and E911 access regardless of activation status and availability of prepaid minutes; (b) providing its Lifeline 
customers with E911-compliant handsets and replacing, at no additional charge to the consumer, non-compliant 
handsets of customers who obtain Lifeline-supported service; (c) complying with conditions (a) and (b) as of the 
date it provides Lifeline service; (d) obtaining a certification from each PSAP where TracFone provides Lifeline 
service confirming that TracFone provides its customers with 911 and E911 access; (e) requiring its customers to 
self-certify at time of service activation and annually thereafter that they are the head of household and receive 
Lifeline-supported service only from TracFone; and (f) establishing safeguards to prevent its customers from 
receiving multiple TracFone Lifeline subsidies at the same address.  Id.
8 At the time the Commission designated TracFone an ETC in Pennsylvania, the Pennsylvania Commission had not 
exerted jurisdiction over wireless providers for purposes of ETC designation; therefore the Commission granted 
TracFone ETC designation pursuant to section 214(e)(6) of the Act.  TracFone ETC Designation Order, 23 FCC 
Rcd at 6207, 6211, paras. 1, 9; 47 U.S.C. § 214(e)(6).  On February 26, 2009, the Pennsylvania Commission 
announced that it will exert its jurisdiction, effective as of that date, to designate wireless carrier ETCs pursuant to 
section 214(e)(2) of the Act.  See Letter from Joseph K. Witmer, Assistant Counsel, Pennsylvania Public Utility 
Commission, to Marlene H. Dortch, Secretary, Federal Communications Commission, CC Docket No. 96-45 (filed 
Feb. 26, 2009) (attaching February 26, 2009 Pennsylvania Commission decision); 47 U.S.C. § 214(e)(2).
9 See TracFone ETC Designation Order, 23 FCC Rcd at 6207-08, para. 1.  The Commission conditioned grant of 
TracFone’s ETC designations on TracFone’s certification that it is in full compliance with any applicable 911/E911 
obligations, including obligations relating to the provision and support of 911 and E911 service.  Id. at 6213, para. 
16.  The TracFone Petition and this order are limited to the PSAP certification requirement regarding TracFone’s 
provision of access to 911 and E911 service to its customers.  This condition is separate from the certification 
regarding TracFone’s compliance with any state 911/E911 obligations, including payment of fees into state 
911/E911 funds.  See Pennsylvania Commission January 29th Ex Parte Letter at 2 (expressing concern about 
TracFone’s compliance with the separate condition to certify compliance with Pennsylvania law); Pennsylvania 
Emergency Management Agency Petition to Reject, CC Docket No. 96-45 (filed Jan. 29, 2009) (asking the 
Commission to reject TracFone’s certification for compliance with Pennsylvania 911/E911 obligations due to 
TracFone’s failure to contribute to Pennsylvania’s Wireless E911 Emergency Services Fund).
Federal Communications Commission FCC 09-17 
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Designation Order, the Commission declined TracFone’s request to eliminate the condition that TracFone 
obtain the required certification from each PSAP where it will provide Lifeline service.10
4. On November 21, 2008, TracFone filed the instant petition seeking to modify the PSAP 
certification requirements.  Specifically, TracFone requests that, if a PSAP does not provide the requisite 
certification within 90 days of a request for such certification from TracFone, TracFone would be allowed 
to self-certify that its customers will have access to 911 and E911 without regard to activation status or 
availability of prepaid minutes.11
III. DISCUSSION
5. As the Commission found in the TracFone ETC Designation Order, TracFone’s 
universal service Lifeline offering will provide a variety of benefits to Lifeline-eligible consumers, 
including increased consumer choice, high-quality service offerings, and mobility.12 In addition, the 
prepaid feature of TracFone’s service, which essentially functions as a toll control feature, may be an 
attractive alternative to Lifeline-eligible consumers who are concerned about usage charges or long-term 
contracts.  Therefore, we find that the public interest is served by allowing TracFone to offer its Lifeline 
service to consumers as quickly as possible, while also ensuring that its consumers have access to 
necessary emergency services.  
6. The Commission has twice stressed the importance of ensuring that TracFone’s Lifeline 
customers have access to 911 and E911 services through the PSAP certification process.13 We affirm that 
TracFone must continue to comply with this requirement and seek certification from the PSAPs within its 
service area.  To ensure that the benefits of Lifeline service are made available to TracFone’s customers 
in a timely manner, however, we grant TracFone’s request to allow it to self-certify compliance with the 
911 and E911 availability condition if, within 90 days of TracFone’s request, a PSAP has not provided 
the certification and the PSAP has not made an affirmative finding that TracFone does not provide its 
customers with access to 911 and E911 service within the PSAP’s service area.14 In making a request for 
certification, TracFone must notify the PSAP that TracFone has the option to self-certify within 90 days 
of the request if the PSAP has not provided the certification and the PSAP has not made an affirmative 
finding that TracFone does not provide its customers with access to 911 and E911 service.  TracFone may 
not self-certify compliance until 90 days after it has provided a PSAP with notification of the 90-day self-
certification period adopted in this order.  TracFone also may not make such a self-certification until it 
has provided a PSAP with all of the information and/or equipment requested by the PSAP in analyzing 
  
10 Id. at 6213, para. 16.
11 TracFone Petition at 1.  On December 23, 2008, the Wireline Competition Bureau sought comment on TracFone’s 
petition.  See Comment Sought on TracFone Wireless Inc. Petition for Modification of Public Safety Answering 
Point Certification Condition, CC Docket No. 96-45, Public Notice, DA 08-2779 (Wireline Comp. Bur., rel. Dec. 
23, 2008).  Comments on the petition were due January 6, 2009, and reply comments were due January 13, 2009.  
Comments were filed by Consumer Action, the National Emergency Number Association, and the Pennsylvania 
Commission.  TracFone and the Pennsylvania Commission filed reply comments.  
12  See TracFone ETC Designation Order, 23 FCC Rcd at 6212, para. 15.
13 TracFone Forbearance Order, 20 FCC Rcd at 15102, para. 16; see also TracFone ETC Designation Order, 23 
FCC Rcd at 6215, para. 22.
14 If a PSAP has conducted testing and notified TracFone within the 90-day period of concerns regarding the ability 
of TracFone customers to access 911 and E911 services, TracFone may not self-certify compliance until it has 
addressed the PSAP’s concerns (for example, issues with TracFone’s underlying wireless provider concerning 
access to 911 and E911 services), such that the PSAP can provide the required certification.  In this circumstance, 
TracFone may self-certify 180 days after requesting certification from the PSAP if the PSAP does not approve or 
deny the certification within that period.
Federal Communications Commission FCC 09-17 
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TracFone’s ability to provide 911 and E911 service to its customers.  If TracFone makes such a self-
certification, TracFone must obtain from each of its underlying carriers that provide service to TracFone 
in the area served by that PSAP certification that the carriers route 911 and E911 calls from TracFone 
customers to the PSAP in the same manner that they route 911 and E911 calls from their own customers.  
TracFone is required to retain such underlying carrier certifications and provide them to the Commission 
upon request.  TracFone must provide PSAPs with copies of any self-certifications at the time they are 
filed.  If after TracFone makes a self-certification a PSAP finds that TracFone does not provide its 
customers with 911 and E911 access, upon receiving notice of this finding TracFone must immediately 
notify the Commission of this finding and explain how it plans to come into compliance with this 
condition.
7. The Pennsylvania Commission opposed TracFone’s request for a modification of the 
PSAP certification requirement, stating that TracFone has refused to comply with the “drive testing” 
requirements included as part of Pennsylvania’s Phase II 911 compliance.15 It is unclear from the 
Pennsylvania Commission’s filing whether such state “drive testing” requirements apply to resale 
services, such as those provided by TracFone, or whether a demonstration of successful “drive testing” of 
the underlying wireless provider’s service would comply with the state requirement.  As this Commission 
stated in the TracFone ETC Designation Order, TracFone’s designation as an ETC eligible for Lifeline 
support in each state is conditioned upon TracFone’s certification that it is in full compliance with any 
applicable 911/E911 obligations, including obligations relating to the provision and support of 911 and 
E911 service.16 Therefore, TracFone must comply with any state requirements that are applicable to 
carriers providing service on a purely-resale basis.  We do not find that the Pennsylvania Commission’s 
claim of TracFone’s non-compliance with the state “drive testing” requirement warrants denial of 
TracFone’s request for a 90-day PSAP certification period.  As discussed above, TracFone’s customers 
should not be denied the benefits of access to Lifeline support for a prolonged period of time pending 
PSAP action on TracFone’s certification requests.  We therefore grant TracFone’s request and allow it to 
self-certify its provision of 911 and E911 services to its customers, and also require it to obtain 
certification from its underlying carriers, if, within 90 days of TracFone’s request for certification, a 
PSAP has not provided the certification and the PSAP has not made an affirmative finding that TracFone 
does not provide its customers with access to 911 and E911 service within the PSAP’s service area.  To 
the extent an entity disagrees with TracFone’s self-certification, it may file a request asking the 
Commission to examine the issue pursuant to section 1.41 of the Commission’s rules.17
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to the authority contained in sections 1, 
4(i), 4(j), 214(e) and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 
154(j), 214 and 254, the petition for modification filed by TracFone Wireless, Inc. IS GRANTED as 
discussed herein.
  
15 Pennsylvania Commission Reply Comments at 7-8.  The Pennsylvania Commission also requests that the 
Commission revisit the decisions granting TracFone’s forbearance request and ETC designation in Pennsylvania.  
Id. at 9, 12-17.  Pursuant to section 1.106(f) of the Commission’s rules, petitions for reconsideration of Commission 
actions must be filed within 30 days from the date of public notice of the final Commission action.  47 C.F.R. § 
1.106(f).  The public notice dates of both the TracFone Forbearance Order and the TracFone ETC Designation 
Order were their release dates pursuant to section 1.4(b)(2) of the Commission’s rules.  47 C.F.R. § 1.4(b)(2).  
Those dates were September 8, 2005, and April 11, 2008, respectively.  The Pennsylvania Commission’s reply 
comments were filed on January 13, 2009, well outside of the 30-day reconsideration deadlines for both orders.  The 
Pennsylvania Commission’s oppositions to those decisions are therefore untimely and will not be considered here.
16 TracFone ETC Designation Order, 23 FCC Rcd at 6213, para. 16.
17 47 C.F.R. § 1.41.
Federal Communications Commission FCC 09-17 
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9. IT IS FURTHER ORDERED that the Pennsylvania Public Utility Commission’s request 
for an extension of the pleading cycle IS DENIED.
10. IT IS FURTHER ORDERED that, pursuant to section 1.103 of the Commission’s rules, 
47 C.F.R. § 1.103, this order SHALL BE effective upon release.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary