6. Next Steps
In this decision, we clarify that all providers may participate in California LifeLine and lay out some additional effort the Commission will undertake to allow consumers to apply the California LifeLine discount to the communication service of their choosing. Within 45 days of the effective date of this decision, CD staff must convene a Phase I workshop to address implementation issues, including updates to Go 153, consistent with this decision. Within 120 days of the effective date of this decision, CD must prepare a resolution addressing implementation issues and changes to GO 153, consistent with this decision.
We continue to encourage the participation of all providers during the pendency of these additional actions. To the extent that non-traditional carriers, including wireless carriers, are able to meet the current requirements of GO 153, they may participate in the LifeLine program as of the effective date of this decision. We will have a Phase II of this proceeding to clarify any outstanding issues with regard to the participation of non-traditional carriers, including wireless and VoIP carriers, in the LifeLine and DDTP Programs.
As part of the Phase II in the proceeding, we specifically direct the CD to hold at least one workshop on how non-traditional providers will participate in California LifeLine within 45 days of the issuance of a decision adopting a definition of "basic service" in the High Cost Fund-B docket, R.09-06-019.269 All Phase II workshops must be concluded within 90 days of issuance of a decision adopting a definition of "basic service" in R.09-06-019, and CD must prepare a resolution adopting any further changes to the LifeLine program to facilitate the inclusion of wireless, VoIP and other non-traditional carriers in the LifeLine Program, consistent with the Moore Act and this decision within 120 days of issuance of a decision adopting a definition of "basic service" R.09-06-019.
In the Phase II workshop(s), the CD shall explore what additional information can be provided to consumers opting for non-traditional LifeLine service, including for example, disclosure of how a charged wireless handset can always access 911 service even when the handset no longer is tied to a particular wireless service plan270 and the ineffectiveness of cordless telephones when the power is out at a residence.271 We note that subsequent to the initiation of this proceeding, these issues have largely been addressed in the Rulemaking 07-04-015 that culminated with the Decision Adopting Guidelines for Customer Education Programs Regarding Backup Power Systems D.10-01-026. Thus, the workshop may be limited to any additional information that should be provided to LifeLine customers by a non-traditional carrier related to public safety or access to emergency services unique to non-traditional carrier participation in LifeLine, such as the availability of emergency services pursuant to 47 C.F.R. § 20.18. The workshop and any new direction to carriers as to information disclosures should be completed before the effective date of the new support methodology so that any non-traditional carrier that chooses to participate using the new methodology can do so using the additional information disclosures.
Other issues that CD should discuss in the Phase II workshops include, but are not limited to, the following:
(a) May wireless and/or other non-traditional carriers, such as VoIP providers, charge LifeLine customers early termination fees (ETFs)?
(b) May wireless and/or other non-traditional carriers, such as VoIP providers, require LifeLine customers to sign service contracts?
(c) What types of services would LifeLine customers of wireless and/or other non-traditional carriers, such as VoIP providers, need?
(d) Would LifeLine customers of wireless and other non-traditional carriers such as VoIP providers receive the same level of service as other customers?
(e) What happens if a LifeLine subscriber of a wireless, VoIP, or other non-traditional provider does not renew its contract or wish to continue with the LifeLine program with that particular carrier?
(f) What happens if a wireless or non-traditional carrier terminates their LifeLine program?
(g) Does the subsidy for connection/conversion costs apply to activation fees?
(h) What methodology should the Commission use to ensure compliance with the provision of the Moore Act which states that non-recurring connection charges shall not be more than 50 percent of the charge for basic residential service, particularly with respect to non-traditional carriers?
(i) How is LifeLine pricing determined for data plans?
(j) How will the LifeLine program be implemented for data services for DDTP - eligible consumers?
(k) Should the time allowed (one year under this decision) for adjustments for timely filed initial claims be shortened?
As previously discussed, the definition of basic service is currently being considered in R.09-06-019. The definition adopted in that proceeding will apply statewide and this definition will be applicable to the California LifeLine Program. We will clarify any outstanding details regarding the LifeLine DDTP in Phase II. Issues considered in the workshop may include changes to Commission and provider processes set forth in GO 153. Many of these issues were discussed in the 2009 LifeLine Forum sponsored by Assemblymember Fuentes and DRA and held on December 17 and 18, 2009. 272 In Phase II, we will not discuss or debate proposals that are not consistent with current law, specifically, that are not in compliance with the Moore Act. We also will not further discuss the Set Subsidy Amount for wireless, VoIP, data services for DDTP - eligible consumers, and other non-traditional carriers in Phase II as this decision determines that the Set Support Amount shall apply to all carriers participating in the LifeLine program.
We note that the Phase I implementation workshops for wireline carries are not a part of Phase II and are on a shorter timeframe than the Phase II workshops.
269 Communications Division may elect to hold a series of workshops.
270 47 C.F.R. § 20.18 (CMRS providers subject to this section must transmit all wireless 911 calls without respect to their call validation process to a Public Safety Answering Point, or, where no Public Safety Answering Point has been designated, to a designated statewide default answering point or appropriate local emergency authority pursuant to § 64.3001 of this chapter, provided that "all wireless 911 calls" is defined as "any call initiated by a wireless user dialing 911 on a phone using a compliant radio frequency protocol of the serving carrier.").
271 Cf. October 18, 2010 Comments of DisabRA/NCLC at 20-21.
272 In addition to Assemblymember Fuentes, Commissioners Grueneich and Simon were also present at the 2009 LifeLine Forum. DRA prepared a report dated January 26, 2010 summarizing the discussions in the Forum.
