ORIGf

STATE OF INDIANA

INDIANA UTILITY REGULATORY COMMISSION

APPLICATION OF WISPERISP INC. FOR ) CAUSE NO. 41052 ETC 80 DESIGNATION AS AN ELIGIBLE ) TELECOMMUNICATIONS CARRIER ) APPROVED: FEB 2 0 2019

ORDER OF THE COMMISSION

Presiding Officers: Stefanie N. Krevda, Commissioner Jennifer L. Schuster, Administrative Law Judge

On December 6, 2018, Wisper ISP Inc. ("Applicant" or "Wisper") filed with the Indiana Utility Regulatory Commission ("Commission") its Application for Designation as an Eligible Telecommunications Carrier ("ETC") for the purposes of Connect America Fund Phase II ("CAF II") support ("Application"). In its Application, Wisper also requested designation as a Lifeline provider pursuant to 4 7 C.F .R. § 54.101 ( d), which mandates that ET Cs, including those designated to receive high-cost support, offer Lifeline service in their designated service areas. Lifeline is a federal program through which low-income customers can receive a discount on telecommunications services.

On January 11, 2019, Wisper filed its case-in-chief and its Motion for Confidential Treatment seeking a determination that certain information be exempt from public disclosure under Ind. Code§ 8-1-2-29 and Ind. Code ch. 5-14-3. On January 16, 2019, the Presiding Officers issued a Docket Entry finding this information to be confidential on a preliminary basis. Also on January 16, 2019, the Indiana Office of Utility Consumer Counselor ("OUCC") filed its Notice of Intent Not to File Testimony.

The Commission held an evidentiary hearing in this Cause at 9:30 a.m. on February 5, 2019, in Room_222, PNC Center, 101 West Washington Street, Indianapolis, Indiana. Applicant and the OUCC were present and participated. Applicant's evidence was admitted into the record without objection.

Based upon the applicable law and the evidence presented, the Commission finds:

1. Notice and Jurisdiction. Notice of the hearing in this Cause was given and published by the Commission as required by law. Pursuant to the Telecommunications Act of 1996, 47 U.S.C. § 151 et seq. (the "Act"), and 47 C.F.R. §§ 54.201 and 54.203, the Commission is authorized to designate ETCs, thereby enabling those so designated to apply for federal universal service support under 47 U.S.C. § 254 and in accordance with the Commission's Orders in Cause Nos. 40785, 41052, and 42067. The Commission also has jurisdiction over communication service providers ("CSPs") pursuant to Ind. Code§ 8-l-2.6-13(c)(5)(A). Therefore, the Commission has jurisdiction over Applicant and the subject matter of this Cause.

2. Applicant's Characteristics. Wisper is an Illinois corporation with its principal place of business located at 9711 Fuesser Road, Mascoutah, Illinois, 62558. On February 6, 2019, the Commission granted Wisper a Certificate of Territorial Authority ("CTA'') in Cause No. 45181 as a communications service provider to provide telecommunications services (specifically facilities-based and resold local and interexchange services) and information services (specifically broadband services and interconnected voice over Internet Protocol ("VoIP") retail services).

3. Connect America Fund Phase II Auction. The CAF II auction is part of the Federal Communication Commission's ("FCC") reform and modernization of its universal service support programs. Through the CAF II auction (sometimes referred to as a "reverse auction"), the FCC has awarded funding to 103 bidders to provide fixed broadband and voice services to over 700,000 unserved or underserved locations in 45 states over the course of ten years. From July 24 through August 21, 2018, the FCC conducted an auction to allocate support to certain eligible areas across the United States. Bids were accepted for four service tiers, each with varying speed and usage allowances, and two latency tiers, one high latency and one low latency. Wisper participated in the CAF II auction and, on August 28, 2018, was provisionally awarded $123,648 over ten years to provide above baseline (100 Mbps) and low latency (sub-100 ms) broadband service, as well as voice telephony service, in certain areas of Indiana. 1

The FCC requires CAF II auction support recipients to (a) offer at least one voice and one broadband service meeting the relevant service requirements to the required number of locations in a specified timeframe; (b) offer at least one broadband and voice service at rates that are reasonably comparable to the rates for similar service in urban areas in accordance with the FCC's annual urban rate survey; and ( c) file annual reports, build-out milestone certifications, and data on locations where service is available with the Universal Service Administrative Company ("USAC").

4. Evidence Presented. Wisper's case-in-chief consisted of the Application and exhibits thereto, the verified testimony of Nathan Stooke and attachments thereto, the January 30, 2019 corrections to Mr. Stooke's testimony, and Wisper's January 29, 2019 responses to the Presiding Officers' January 24, 2019 Docket Entry.

Mr. Stooke is the CEO of Wisper. He testified that Wisper participated in CAF II auction bidding for above baseline (100 Mbps) and low latency (sub-100 ms) service. The FCC provisionally awarded Wisper approximately $220 million total in the CAF II auction to provide broadband and voice telephony services to rural areas in Arkansas, Indiana, Illinois, Kansas, Missouri, and Oklahoma. Attachments NS-1 and NS-lC to Mr. Stooke's testimony are Wisper's initial project overview, its project funding description, and its milestones for funding and build­out plans from 2019 until 2024.

According to Mr. Stooke, Wisper will offer broadband speeds of 100 Mbps download and 20 Mbps upload and Internet Protocol and VoIP services. He testified that all of Wisper' s voice

1 Connect Am. Fund Phase II Auction (Auction 903) Closes, Winning Bidders Announced, FCC Form 683 Due October 15, 2018, FCC AU Docket No. 17-182, WC Docket No. 10-90 (Aug. 28, 2018), available at https://docs.fcc.gov/public/attachments/DA-18-887 Al .pdf.

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and broadband services will meet the criteria of 47 C.F.R. §§ 54. lOl(a) and 54.202(a), regardless of the facilities to be used. Wisper will provide its voice and broadband services through its VoIP platform and fixed wireless facilities.

Mr. Stooke testified that Wisper owns, runs, manages, and maintains a facilities-based VoIP platform. Wisper' s fixed wireless system utilizes a wireless ring network with fixed base stations. Wisper will provide broadband internet access service through an antenna on the customer's premises that will connect through a radio at a central tower, which will either connect directly to the internet via fiber or will connect to another fiber-fed tower via fixed wireless. Wisper's redundant backhaul facilities provide for 99.999% uptime for its backbone. Wisper also offers 24/7 technical support. Customers can contact Wisper via a toll-free number from any phone, by dialing 611 from their home phone, through its website, or by mail.

Mr. Stooke stated that Wisper' s customers can use third-party VoIP-enabled phones, mobile phones, and/or computers to send and receive voice calls. Wisper's voice services include E-911, an online interface for account management, and voicemail-to-email functionality. According to Mr. Stooke, the analog telephone adapters that Wisper distributes can deliver automatic numbering information and automatic location information and satisfy the applicable state and federal E-911 requirements. Wisper will not deduct calls to 911or611 from customers' usage. Wisper customers will also have access to In TRAC services for speech and hearing impaired individuals pursuant to Ind. Code ch. 8-1-2.8.

Mr. Stooke testified that Wisper is a common carrier as required by 47 C.F.R. § 54.201 because it offers communications services by wire on a for-hire basis and transmits communications interstate and intrastate. According to Mr. Stooke, Wisper has the managerial2

and financial expertise to efficiently conduct operations in Indiana and to comply with the requirements for Indiana ETC designees. He testified that Wisper owns and operates various network facilities and has the back office, billing, and customer support functions necessary for it to provide both Lifeline and non-Lifeline services.

According to Mr. Stooke, Wisper will utilize multiple systems to ensure the reliability of its services, including, but not limited to: data centers with redundant backup servers for processing VoIP origination and termination, multiple endpoints (both inbound and outbound) for traffic to originate and terminate, data recovery systems in case of a system failure, and backup power systems to ensure services are up and running in the event of a system failure. Mr. Stooke also stated that VoIP traffic will be prioritized across the network to further facilitate transport of data for origination or termination.

Mr. Stooke testified that Wisper's residential VoIP plan will cost $30 per month on its own and $25 per month if bundled with broadband. Each Wisper voice customer will receive an analog telephone adapter that will allow the custqmer' s current phones to connect to Wisper' s VoIP service. Lifeline voice customers will receive all of the same calling features as non-Lifeline customers, including call waiting, caller ID, call forwarding, call transfer, voicemail, E-911 access, and free long distance in the United States.

2 Wisper provided the current biographies of key management with its CTA Application in Cause No. 45181.

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According to Mr. Stooke, Wisper currently plans to offer the following broadband service options:

1) 25 Mbps download and 5 Mbps upload: $60 per month 2) 50 Mbps download and 10 Mbps upload: $80 per month 3) 100 Mbps download and 20 Mbps upload: $100 per month 4) Custom speeds up to 10 Gbps download and upload at a price to be determined on

a case-by-case basis

Mr. Stooke testified that Wisper will offer a $9.25 Lifeline discount on VoIP services, standalone broadband services, and bundles of VoIP and broadband services. He stated that Wisper' s Lifeline offering will be consistent with the federal requirement that consumers have access to quality services at 'just, reasonable, and affordable rates" and is consistent with the FCC's findings that Lifeline consumers should have the option to purchase bundled packages, additional calling features, and optional voice services.

Mr. Stooke stated that Wisper will market its Lifeline services to Indiana customers through social media, television, radio, newspaper, magazine, other print advertisements, outdoor advertising, and/or direct marketing, among other potential methods. Attachment NS-4 to Mr. Stooke's testimony is a draft example of Wisper's Lifeline advertising, which he stated is still being developed and finalized. Mr. Stooke testified that Wisper will provide information about its Lifeline services to relevant state and local agencies, community outreach organizations, and non­profit organizations that work with potentially Lifeline-eligible consumers.

According to Mr. Stooke, Wisper employees will be trained to explain to potential Lifeline customers the benefits of the Lifeline program, how the program works, and eligibility requirements. He stated that Wisper will not employ third-party dealers and will ensure that its employees who interact with customers receive training on compliance requirements for Lifeline services. He stated that a Wisper employee will be responsible for overseeing and finalizing every Lifeline enrollment prior to including that customer on FCC Form 497 for reimbursement.

A draft of the Terms and Conditions of Wisper' s Indiana Lifeline offering is attached to Mr. Stooke's testimony as Attachment NS-3. Mr. Stooke testified that Wisper's Lifeline service plan offers unlimited nationwide calling, making toll blocking inapplicable at this time. Wisper expects to be offering Lifeline service within six to twelve months of receiving its ETC designation.

5. Commission Discussion and Findings. "A common carrier designated as an eligible telecommunications carrier ... shall be eligible to receive universal service support in accordance with [ 47 U.S.C. § 254] and shall, throughout the service area for which the designation is received[,] ... offer the services that are supported by Federal universal service support mechanisms under [47 U.S.C. § 254(c).]" 47 U.S.C. § 214(e)(l)(A). 47 C.F.R § 54.101 identifies ETC services that are eligible for universal service support, including voice telephony and broadband internet services. In order to receive universal service support, ETCs must offer Lifeline service. 47 C.F.R §§ 54.lOl(d), 54.405.

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The federal universal service fund ("USF") involves four programs: (1) the high-cost fund, which is the universal service mechanism for rural, insular, and high-cost areas, providing financial support to ETCs serving those areas; (2) the universal service mechanism for schools and libraries (the "E-rate" program), providing for discounted telecommunications services to eligible schools and libraries; (3) the universal service mechanism to provide low-income consumers with discounted telecommunications services and/or broadband ("Lifeline"); and ( 4) the universal service mechanism for rural health care, providing discounted telecommunications services to rural health care providers.3 Wisper's CAF II funding is a form of high-cost support. Because ETCs are required to offer Lifeline services, Wisper is also seeking designation as a Lifeline provider, to the extent necessary.

' · Based on the evidence in the record and as discussed further below, we find that Wisper meets the eligibility criteria for ETC designation pursuant to 47 U.S.C. § 214(e) and 47 C.F.R. § 54.201. We also find that Wisper will be required to offer Lifeline as a participant in the high-cost program and has demonstrated its intent and capability to do so. Thus, Wisper meets the eligibility criteria to provide Lifeline services pursuant to 47 C.F.R. § 54.lOl(d).

A. Waiver of Requirement to Submit Five-Year Plan. As an initial matter, Wisper seeks a waiver from the requirement in the Commission's General Administrative Order ("GAO") 2013-2 to submit a five-year plan that describes with specificity proposed improvements and upgrades to its network throughout its proposed designated service area and the requirement to demonstrate applicable consumer protection and service quality standards. In support of its proposed waiver, Wisper states that the FCC waived this requirement for CAF II auction applicants in FCC Public Notice DA 18-714,4 in which it waived certain ETC designation requirements for CAF II applicants in states that lack jurisdiction to designate ETCs (i.e., states in which the FCC itself designates ETCs).

FCC Public Notice DA 18-714 does not apply to providers seeking ETC designation in Indiana because the Commission has jurisdiction to designate ETCs in Indiana. However, Wisper provided a copy of its Indiana project overview and its CAF II milestones that it also submitted to the FCC in the CAF II auction as Attachment NS-1 to Mr. Stooke's testimony. This information, coupled with the milestones and FCC reporting requirements for CAF II auction recipients over the ten-year support term, will provide the information requested by the Commission in GAO 2013-2. The Commission also finds that Wisper has provided sufficient information to demonstrate it will provide acceptable consumer protections and service quality, as discussed further in Section H(iii) below. Therefore, the Commission waives the requirement for Wisper to provide a separate five-year plan pursuant to GAO 2013-2.

B. Common Carrier Status. The first requirement for ETC designation is status as a common carrier under federal law. A common carrier is defined by 47 U.S.C. § 153(11) as any person engaged as a common carrier on a for-hire basis in interstate communication utilizing

3 See, e.g., In the Matter of Comprehensive Review of the Universal Serv. Fund Mgmt., Admin., & Oversight Fed­State Joint Bd on Universal Serv. et al., 22 F.C.C. Red. 16372, 16374 (2007).

4 WCB Reminds Connect America Fund Phase II Auction Applicants of the Process for Obtaining a Fed Designation as an Eligible Telecomm. Carrier, FCC Public Notice DA 18-714 (July 10, 2018) ("FCC Public Notice DA 18-714"), available athttps://docs.fcc.gov/public/attachments/DA-18-714Al.pdf.

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either wire or radio technology. Because the Commission has granted a CTA certifying Wisper as a CSP, including as a telecommunications service provider, pursuant to 47 U.S.C. § 201 et seq. (Subchapter II of the Act, covering common carriers), and because Wisper will provide broadband as a public interest obligation, we find that it is a "common carrier" for purposes of obtaining ETC designation under 47 U.S.C. § 214(e)(l).

C. Required ETC Services. In order to receive funding in high-cost areas as part of CAF II, Wisper must provide voice telephony and broadband services to its designated service area and offer the Lifeline discount on those services to eligible low-income customers. The evidence of record, which is discussed further below, indicates that, as a recipient of CAF II funding, Wisper's planned voice telephony and broadband services comply with applicable federal laws and regulations.

i. Voice Telephony Services. Eligible voice telephony services must provide:

1. Voice-Grade Access to the Public Switched Telephone Network. Pursuant to 4 7 C.F .R. § 54.101 (a), eligible voice telephony services must provide voice­grade access to the public switched telephone network or its functional equivalent. The evidence of record demonstrates that Wisper will provide supported services using its network infrastructure, consisting of last-mile connections, network equipment, and network components. Wisper will utilize its own facilities to provide last-mile connections to subscribers and to provide backhaul for interconnection between sites using a combination of fiber and wireless microwave backhauls. In addition, Wisper will supply electronics equipment which will provide each subscriber with a fixed wireless connection providing broadband internet with low latency and interconnected VoIP. Accordingly, we find that Wisper satisfies the requirements set forth in 47 C.F.R. § 54.lOl(a).

2. Local Usage. Eligible voice telephony services must provide minutes of use for local service at no additional charge to end users pursuant to 4 7 C.F .R. § 54.lOl(a)(l). The evidence of record demonstrates that Wisper's VoIP services include unlimited local calling covered by a flat monthly charge. Based on the evidence, we find that Wisper satisfies the local usage requirement.

3. Access to Emergency Services. As part of a universal service offering and as required by 47 C.F.R. § 54.lOl(a), eligible voice telephony services must provide access to emergency services provided by local government or other public safety organizations, such as 911 and E-911, to the extent such systems exist in the area. Wisper provided evidence that the analog telephony adapters it distributes to its customers are capable of delivering automatic numbering information and automatic location information and satisfy the applicable state and federal E-911 requirements. Wisper has also committed to comply with the requirement to provide access to emergency services pursuant to 47 C.F.R. § 54.101. We also note that, pursuant to the CTA we granted to Wisper in Cause No. 45181, Wisper must provide notice to all counties and Public Service Answering Points ("PSAPs") covering the service area when offering its communications services therein, provide PSAP database updates to applicable 911 service providers, and perform all other obligations and responsibilities set forth in Ind. Code ch. 36-8-

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16.6 and/or ch. 36-8-16.7, as applicable. Based on the foregoing, we find that Wisper satisfies this requirement.

4. Toll Limitation for Qualifying Low-Income Consumers. Toll limitation allows customers to either block the completion of outgoing long-distance calls or specify a certain amount of toll usage to prevent them from incurring significant long-distance charges and risking disconnection. 47 C.F.R. § 54.400(b)-(d). Toll limitation service is included as part of the definition of voice telephony service, which is a supported Lifeline service. 4 7 C.F .R. §§ 54.400(m), 54.40l(a)(2). Therefore, each ETC must still offer toll limitation service unless its Lifeline offering provides a set amount of minutes that do not distinguish between toll and non­toll calls. 47 C.F.R. § 54.40l(a)(2). The evidence of record indicates that Wisper's Lifeline plans all include unlimited long-distance calling, making toll limitation service inapplicable at this time.

ii. Broadband Internet Access Service. The evidence of record indicates that Wisper will provide broadband services with the capability to transmit data to and receive data by wire or radio from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up services, pursuant to 47 C.F.R. § 54.10l(a)(2). Wisper is subject to a high-cost broadband public interest obligation pursuant to 4 7 C.F .R. § 54.101 ( c) because it will receive CAF II universal service support throughout its service area. In addition, Wisper has specific broadband speed and latency requirements pursuant to the CAF II reverse auction terms that are discussed further above. We find that Wisper meets the requirements of 47 C.F.R. § 54.101 for broadband services.

m. Carrier Obligation to Offer Lifeline. 47 C.F.R. §§ 54.lOl(d) and 54.405(a) require all ETCs, whether seeking the designation for universal service support for high­cost areas or solely to provide universal service support for low-income consumers, to make Lifeline service available to qualifying low-income consumers. 47 C.F.R. § 54.401 defines Lifeline service, in part, as a non-transferrable retail service offering provided directly to qualifying low­income consumers for which they pay reduced charges. The evidence of record shows that Wisper intends to offer a monthly discount of $9 .25 on all of its voice and broadband services and bundles to qualifying Lifeline customers. Wisper' s Lifeline customers will receive all of the same calling features as non-Lifeline customers, including call waiting, caller ID, call forwarding, call transfer, voicemail, E-911 access, and free long distance in the United States. Accordingly, we find that Wisper satisfies the requirement to offer Lifeline service in addition to its high-cost offering.

D. Functionality in Emergency Situations. 47 C.F.R. § 54.202(a)(2) requires applicants for ETC designation to demonstrate their ability to remain functional in emergency situations. This includes a demonstration that Wisper has a reasonable amount of back-up power to ensure functionality without an external power source (including battery back-up power), is able to reroute traffic around damaged facilities, and is capable of managing traffic spikes resulting from emergency situations. Based on the evidence, we find that Wisper satisfies this requirement.

E. Advertising Requirements. Wisper confirmed that it will advertise the availability and rates for its services using media of general distribution as required by 4 7 C.F .R. § 54.201 ( d)(2). Wisper provided a working draft example of its planned advertising as Attachment NS-4 to Mr. Stooke's testimony, which contains a general description of its proposed Lifeline

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offering. Once Wisper has initiated service, the Commission finds that Wisper should include the following information in its consumer marketing materials in language that is understandable to consumers: clear pricing information for individual services and bundles; terms and conditions of service; the dollar amount of a Lifeline discount; the identity of the services to which a Lifeline discount can be applied; and an explanation of the terms and conditions of the Lifeline discount. Further, consistent with the Commission's prior ETC Orders, Wisper will be required to submit informational tariffs regarding its Lifeline offering.

F. Applicant's Designated ETC Service Area. The FCC's rules define a "service area" as a "geographic area established by a state commission for the purpose of determining universal service obligations and support mechanisms." 47 C.F.R. § 54.207(a). Pursuant to our Order in Cause No. 45181, Wisper is authorized to offer telecommunications services (specifically facilities-based and resold local and interexchange services) and information services (specifically broadband services and interconnected voice over VoIP retail services) in the state of Indiana.

In its response to the Presiding Officers' January 24, 2019 Docket Entry, Wisper submitted a spreadsheet identifying the census blocks in Indiana for which it has been provisionally awarded support in the CAF II auction and also submitted maps clearly depicting its proposed service area in Indiana. Wisper also confirmed that it is only seeking ETC designation for the census blocks for which it was provisionally awarded support in the CAF II auction. Based upon the evidence of record, we approve Wisper's proposed Indiana service area.

G. Facilities Ownership. Consistent with the requirements of 47 U.S.C. § 214( e) and 4 7 C.F .R. § § 54.101 through 54.207, Wisper will provide services in the state oflndiana using its own facilities, thus allowing it to meet the FCC's requirement that an ETC provide the voice telephony services, at least in part, through a "combination of its own facilities and resale of another carrier's services[.]" 47 U.S.C. § 214(e)(l)(A). Wisper will provide voice telephony and broadband services using its own network infrastructure, last-mile connections, and network components. Wisper' s last-mile connections will provide backhaul for interconnection between sites using a combination of fiber and wireless microwave backhauls. The evidence of record demonstrates that Wisper satisfies applicable requirements and will provide reliable voice telephony and broadband services in its ETC service area using its own facilities or, if necessary, a combination of its own facilities and another carrier's services.

H. Public Interest Considerations. As noted above, the designation of Wisper as an ETC requires a public interest analysis. 47 C.F.R. § 54.202(b). In the absence of statutory guidelines for evaluating the public interest, the FCC has recommended that ETC designations be analyzed

in a manner that is consistent with the purposes of the Act itself, including the fundamental goals of preserving and advancing universal service; ensuring the availability of quality telecommunication services at just, reasonable, and affordable rates; and promoting the deployment of advanced telecommunications and information services to all regions of the nation, including rural and high-cost areas.

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In the Matter of Fed-State Joint Bd on Universal Serv., 20 F.C.C. Red. 6371, 6388 (2005) (internal footnotes omitted) ("2005 FCC ETC Order").

One of the principal goals of the Act is "to secure lower prices and higher quality services for American telecommunications consumers and encourage the rapid deployment of new telecommunications technologies." Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). Because designation of Wisper as an ETC will allow its provisionally approved project to move forward and will allow it to receive funding for projects that will help close the digital divide in selected portions of Indiana, we find that designation of Wisper as an ETC in the state oflndiana will promote the public interest, as discussed in further detail below.

i. Advantages of Applicant's Service Offering. The evidence of record demonstrates that consumers will benefit from Wisper's proposed services in Indiana. Wisper plans to deploy broadband and fixed wireless communications service to unserved or underserved areas in Indiana. Wisper' s ETC designation will provide accessible and technologically advanced broadband and telecommunications services to certain members of the public, including potential Lifeline customers, who may not otherwise be able to obtain those services because similar services are not currently available in the area or the available service options are not affordable.

ii. Impact on the Universal Services Fund. We have previously recognized that the FCC has undertaken various steps to address the growth in high-cost universal support disbursements. See Perry-Spencer Communications, Inc., Cause No. 41052 ETC 53, 2008 WL 9832656 (IURC July 24, 2008). The funds that will support Wisper's projects will come directly from CAF II funds already allocated by the FCC for deployment to unserved areas. If these funds are not awarded to Wisper, they will be awarded to another provider, possibly in another state. In addition, the Lifeline services to be offered by Wisper as part of its ETC designation will only receive support to the extent Wisper obtains Lifeline customers. Given the low population in the service area, this is likely to be a small number. For all these reasons, we find that designation of Wisper as an ETC will not have a negative impact on the federal USF.

m. Consumer Protection. One of the requirements established by the 2005 FCC ETC Order was that, regardless of certification date, all ETCs must submit to the FCC, on an annual basis, certification that the ETC is compliant with 47 C.F.R. § 54.202(a)(3) by demonstrating that it is meeting applicable service quality standards and consumer protection rules. Mr. Stooke testified that Wisper's long-form application for the CAF II auction includes a certification by a professional engineer that Wisper' s proposed network is capable of delivering, to at least 95 percent of the required number of locations in Indiana, voice and broadband service that meets the requisite performance requirements in 47 C.F.R. § 54.309. In addition, Wisper affirmed its commitment to comply with all rules and regulations that the Commission may lawfully impose upon its provision of service contemplated by the ETC application. We note that Indiana continues to have legacy consumer protection statutes for voice telecommunications services, such as Ind. Code ch. 8-1-29, which will apply to Wisper's voice telephony service. We find that the evidence of record demonstrates that Wisper will meet applicable service quality standards and consumer protection rules.

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iv. Affordable Rates. We must also consider whether designation of Wisper as an ETC will "ensur[ e] the availability of quality telecommunications services at just, reasonable, and affordable rates[.]" 2005 FCC ETC Order, 20 F.C.C. Red. at 6388. The evidence of record demonstrates that Wisper will charge $30 per month for its voice telephony service, $25 per month for voice telephony service when it is bundled with broadband, and $60 per month and more for broadband, depending on the connection speed. In addition, we note that FCC will require Wisper' s voice telephony and broadband offerings to include at least one plan at rates that are reasonably comparable to rates for similar service in urban areas. The FCC uses its annual urban rate survey to determine the range of rates that are reasonably comparable to similar services in urban areas, which includes minimum usage allowances for its CAF II supported broadband service. Accordingly, we find that, subject to Wisper's compliance with applicable federal CAF II voice telephony requirements and broadband public interest requirements, Wisper' s rates meet the affordability requirement.

As an ETC, Wisper is required to provide Lifeline service. The evidence of record demonstrates that Wisper will provide a $9.25 monthly discount to Lifeline customers and that the discount will apply to all of Wisper' s services and bundles. Based on the foregoing, we find that Wisper intends to offer quality telecommunications services at just, reasonable, and affordable rates.

v. Commitment to Provide Service Applicable to Support Received. Wisper provided evidence that it is prepared to deploy its own facilities to provide the supported services to customers within its proposed Indiana service area. Wisper's commitment to provide service satisfies the requirements of 47 C.F.R. §§ 54.202(a)(l)(i) and 54.405(a). Accordingly, we find that Wisper has demonstrated its willingness and ability to provide service throughout its requested service area.

vi. Provision of Universal Service. As an ETC serving areas known to be unserved or underserved, Wisper must respond to Commission inquiries regarding its ability to serve customers in the event no common carrier will serve a community pursuant to 47 U.S.C. § 214(e)(3) or if an ETC serving the same designated service area or portions thereof seeks relinquishment of its obligations as an ETC under 47 U.S.C. § 214(e)(4).

vii. Additional Public Interest Analysis. ETC designation confers both benefits and burdens upon a telecommunications service provider. Because the designation gives the provider the right to apply for federal universal service funds, it is essential that the provider comply with its obligations to conttibute to public interest funds and not have a competitive advantage over other Indiana telecommunications carriers by avoiding such obligations. This is particularly true in this instance, where Wisper is essentially representing the state of Indiana on a national stage with its participation in the CAF II auction. Wisper' s participation in this program may help bring additional federal grant monies to Indiana that would otherwise find their way to other states and will help keep Indiana at the technological forefront. While these benefits certainly serve the public interest in our state, Wisper' s participation in the program will also invite an additional level of scrutiny, rendering regulatory and legal compliance paramount. Based on the foregoing analysis of the public interest in this Cause, we find that providing Wisper with its requested ETC designation will promote the public interest and further the goals of the Act.

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6. Regulatory Oversight. The Commission has recognized certain specific regulatory requirements that competitive wireless ETC_ applicants must satisfy in order to secure and maintain their ETC status in Indiana. See, e.g., In re Designation of Eligible Telecommunications Carriers, Cause No. 41052 ETC 43, 2004 WL 1170027 (IURC March 17, 2004). Such regulatory requirements stem from the FCC' s mandate that state commissions certify that federal USF support is being used "only for the provision, maintenance, and upgrading of facilities and services for which the support is intended[,]" as set forth in 47 U.S.C. § 254(e). Absent such a certification, carriers will not receive such support. In order for the Commission to satisfy its ETC certification requirements to the FCC, it requires ETC applicants to separately track USF expenditures.

The record reflects Wisper's intention to comply with the Commission's regulatory requirements for its Lifeline offerings. Wisper' s Lifeline terms and conditions of service should be incorporated into its Lifeline informational tariff for Indiana and filed with the Commission's Communications Division for review prior to Wisper making its universal service offerings available to eligible customers in its ETC service area and concurrently file such information with USAC as required pursuant to 47 C.F.R. § 54.401(d).

7. Prospective ETC Reporting Requirements. Finally, we find that as a recipient of CAF II support, Wisper is required to meet the applicable prospective reporting requirements consistent with the federal rules in 4 7 C.F .R. § 54.313. Those requirements include, among others: (1) a certification that the ETC is able to function in emergency situations; (2) a certification that the pricing of the company's voice services is not more than two standard deviations above the applicable national average urban rate for voice services; (3) a certification that the pricing of service that meets the FCC's broadband public interest obligations is no more than the applicable benchmark; (4) the ETC's holding company and operating company names, any affiliate relationships, and branding, as well as universal service identifiers; (5) certain reporting requirements specific to tribal lands to the extent recipient serves them; and ( 6) the results of the company's network performance test. Wisper' s compliance filings shall be filed under the applicable Cause to be announced by the Commission for the purpose of certifying ETCs eligible to receive high-cost support in the coming year.

8. Conditions on Wisper's Designation as an ETC. In accordance with the Commission's findings above, Wisper shall be subject to the following conditions:

A. If another ETC serving Wisper' s service area relinquishes its ETC designation pursuant to 47 U.S.C. § 214(e)(4), or if no common carrier will provide the services that are supported by federal universal service support mechanisms pursuant to 47 U.S.C. § 214( e )(3 ), the Commission is required to ensure that all customers will continue to be served. Wisper shall respond to Commission inquiries in a case involving its service area, or portions thereof, in the event that such a situation occurs.

B. Pursuant to 4 7 C.F .R. § 54.401 ( d), prior to providing service in its designated service area or within 60 days of the effective date ofthis Order, whichever is sooner, Wisper shall file an informational tariff of its proposed Lifeline voice telephony offerings with

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the Commission and USAC and notify the Commission in the form of a new informational tariff if any charges, terms, conditions, or allocation of minutes, change.

C. Wisper shall file with the Commission a copy of its annual 'reports and certifications that are required by the FCC pursuant to 47 C.F.R. § 54.313 in a Cause to be announced by the Commission.

D. Wisper shall establish safeguards to prevent its customers from receiving multiple Lifeline subsidies at the same address as required by 47 C.F.R. § 54.405.

E. Wisper shall certify the eligibility of Lifeline customers pursuant to 4 7 C.F.R. § 54.410, requiring prospective Lifeline customers to demonstrate that they are eligible for Lifeline based upon participation in one of the qualifying low-income programs or based upon mcome.

F. Pursuant to 47 C.F.R. § 54.410(±), Wisper shall contact each Lifeline customer on an annual basis and request confirmation of continued eligibility by requiring that the customer re-certify continued eligibility for the discount based upon income or participation in a qualifying low-income program. Wisper shall provide the Commission with a copy of its Lifeline re-certification results that it files annually with USAC and the FCC.

G. Wisper shall pay all fees applicable to telecommunications carriers, such as the public utility fee, pursuant to Ind. Code ch. 8-1-6; the In TRAC fee pursuant to Ind. Code ch. 8-1-2.8; the Indiana USF fee pursuant to the Commission's Order in Cause No. 42144; the statewide E-911 fee pursuant to Ind. Code ch. 36-8-16.6 and/or Ind. Code ch. 36-8-16.7; the Underground Plant Protection (811) fee pursuant to Ind. Code ch. 8-1-26; and any other applicable fees.

H. In the event Wisper needs to add or delete census blocks from its ETC designated service area, or otherwise expand or decrease its designated service area, Wisper should file a petition amending its service area under a subdocket in this cause. If the FCC changes the number of funded locations that Wisper is required to serve pursuant to the CAF II auction, Wisper should provide the Commission with a courtesy notice by submitting a compliance filing in this cause.

Based on the evidence presented and discussed above and subject to the compliance requirements set forth in this Order, we find that Wisper has met all of the ETC eligibility requirements, and the public interest supports granting ETC status to Wisper for the purpose of participating in the CAF II program. As an ETC in Indiana, Wisper must comply with the prospective reporting requirements and conditions set forth herein. The Commission has the statutory authority to investigate, as it deems necessary, Wisper's compliance with this Order and its eligibility for ETC designation.

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9. Confidential Information. On January 11, 2019, Wisper filed a Motion for Confidential Treatment, which was supported by the Affidavit of Mark Albertyn, showing that certain information to be submitted to the Commission that contained confidential financial information requested by the Commission and trade secret information that is not known or readily available to persons outside of Wisper. The Presiding Officers issued a Docket Entry on January 16, 2019 finding that this information should be held confidential on a preliminary basis, after which the information was submitted under seal. After reviewing the information, we find this information qualifies as confidential financial information requested by the Commission and/or confidential trade secret information pursuant to Ind. Code §§ 5-14-3-4 and 24-2-3-2. This information shall be held as confidential and protected from public access and disclosure by the Commission and is exempted from the public access requirements contained in Ind. Code ch. 5-14-3 and Ind. Code§ 8-1-2-29.

IT IS THEREFORE ORDERED BY THE INDIANA UTILITY REGULATORY COMMISSION that:

1. Wisper's Application for designation as an ETC for the purpose of participation in the Connect America Fund II program for the Indiana census blocks identified in Wisper' s case­in-chief is granted.

2. Wisper' s request for authority to receive universal service funds pursuant to 4 7 U.S.C. § 254 is granted, subject to Wisper's compliance with the terms, conditions, and reporting requirements of this Order and other applicable laws.

3. The information submitted under seal in this Cause pursuant to Wisper's request for confidential treatment is determined to be confidential financial information requested by the Commission and/or confidential trade secret information pursuant to Ind. Code §§ 5-14-3-4 and 24-2-3-2 and shall continue to be held as confidential and exempt from public access and disclosure pursuant to Ind. Code§§ 5-14-3-4 and 8-1-2-29.

4. This Order shall be effective on and after the date of its approval.

HUSTON, FREEMAN, KREVDA, OBER, AND ZIEGNER CONCUR:

APPROVED: FEB 2 0 2019

I hereby certify that the above is a true and correct copy of the Order as approved.

Secretary of the Commission

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