Assignment of Proceeding
Timothy Alan Simon is the assigned Commissioner and Maribeth A. Bushey is the assigned Administrative Law Judge in this proceeding.
1. The California Environmental Quality Act (CEQA) Guideline Section 15061(b)(3) provides that projects are exempt from CEQA review when it can be seen with certainty that the activity will not have a significant effect on the environment.
2. The proposed transfer will not affect the terms and conditions under which current customers receive service and, upon consummation of the transfer, GoAmerica alone shall be bound by the terms of the Call Center Contract.
3. GoAmerica is qualified technically and financially to support the services to be transferred.
4. No term of the proposed transfer contravenes statutory provisions or prior Commission decisions.
5. The transfer of assets is reasonable in light of the record, is consistent with law, and is in the public interest.
6. Transfer of the assets which MCI uses to deliver Call Center Contract 03PS5313 are linked to the approval of the assignment of this contract by the Department of General Services (DGS).
1. The transfer of assets subject to this application is exempt from CEQA review pursuant to CEQA Guideline Section 15061(b)(3).
2. The transfer of assets should be approved with the exception that the transfer of the assets used in the provision of Call Center Contract 03PS5313 should be approved conditioned upon DGS approval of the assignment to GoAmerica of the Call Center Contract by DGS.
3. The amended motion of MCI for leave to file confidential materials under seal should be granted.
IT IS ORDERED that:
1. The application of MCI Communications Services, Inc. to transfer the assets and facilities as set forth in the Asset Purchase Agreement dated as of August 1, 2007 between MCI Communications Services, Inc. and GoAmerica Relay Service Corp, a wholly owned subsidiary of GoAmerica, Inc. (GoAmerica) is hereby granted.
2. The Commission's permission to transfer the assets used in the provision of the Call Center Contract (03PS5313) becomes effective only upon the approval of the assignment of this contract to GoAmerica by the Department of General Services.
3. The authority granted by this decision shall expire if not exercised by October 1, 2008.
4. Applicant's information filed as the following portions of the Asset Purchase Agreement:
· Schedules, Pages 41-73 and pages 84-100
· Exhibit A: Form of Facilities Use Agreement (Exh. B to Facilities Use Agreement)
· Exhibit B: Commercial Services Agreement Terms
· Exhibit E: Form of Transition Services Agreement (Exh. A to Transition Services Agreement)
shall be filed under seal and shall remain under seal for a period of two years after the date of this order. During this two-year period, this information shall remain under seal and shall not be viewed by any person other than the assigned Commissioner, the assigned Administrative Law Judge (ALJ), the Assistant Chief ALJ, or the Chief ALJ, except as agreed to in writing by Applicant or as ordered by a court of competent jurisdiction. If Applicant believes that it is necessary for this information to remain under seal for longer than two years, Applicant shall file a new motion at least 30 days before the expiration of this limited protective order.
5. Application 07-08-019 is closed.
This order is effective today.
Dated November 16, 2007, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners
ATTACHMENT A
MCI Statement,
Excerpt from Application, Pages 3-5
GoAmerica Inc. and GoAmerica Relay Services Corp. (GSRE) are incorporated under the laws of the State of Delaware, and its their principal offices are located at 433 Hackensack Avenue 3rd Floor, Hackensack, NJ 07601. GoAmerica is a fast-growing provider of relay services for people who are deaf, hard of hearing, or speech-disabled. GoAmerica's current service portfolio includes wireless and wireline access methods to both text and video relay services marketed under its i711® brand.
GoAmerica first entered relay business in May 2004 by developing and managing the underlying wireless application technology for Sprint Relay Wireless. This technology enabled users to connect to a relay service from virtually anywhere using a choice of wireless handheld devices and pagers. In March 2005, GoAmerica began providing web-based interstate relay services under the i711® brand, in partnership with Stellar Nordia Services, LLC ("Nordia"), a California-certified Telecommunications Relay Services (TRS) provider.4 In June 2006, GoAmerica itself obtained certification from the Federal Communications Commission as an interstate provider of both IP text and video relay services. The company now offers access to its i711 relay services through the web, AOL Instant Messenger, Research in Motion's BlackBerry devices, T-Mobile Sidekick devices, voice-initiated calling, webcam-equipped PCs, and set-top videophones.
Prior to entering the relay market, GoAmerica already had a history - since 1997 - of providing accessible communication services to deaf, hard of hearing, and speech-disabled consumers, and its business is exclusively focused on that market. GoAmerica's mission is to "bring down barriers to effective communication for people who are deaf, hard of hearing or speech-disabled by providing innovative, high quality and dependable communication service."
GoAmerica actively engages with the deaf and hard of hearing community on many fronts. The company has a visible presence at numerous national, regional, and local events and conferences that draw in deaf and hard of hearing consumers, in the form of outreach booths, spokespeople, demonstrations, training sessions, and financial sponsorships. GoAmerica has well-developed marketing and outreach network with over 80 independent contractors, a dozen of whom are based in California. The company publishes on its i711.com web site a variety of articles and videos created by deaf and hard-of-hearing authors, and fosters a sense of community by inviting comments from deaf relay users. Consumers are also actively enrolled in beta testing of relay features and in providing feedback. GoAmerica employs deaf people at all levels of its staff, and has deaf representation on its Board of Directors; hearing employees are offered cultural training and introductory classes in sign language.
GoAmerica is run by a seasoned management team, which has a deep understanding of business, operational, technology, regulatory, outreach, and customer care issues related to relay services. The company has a demonstrated record of product and user-friendly design innovations in relay services that are embraced by consumers and imitated by competitors. GoAmerica has a successful business partner with Nordia, who expertly handles call center operations and equally understands applicable state and federal TRS regulations. The i711® relay services are operated in accordance with high-quality service level agreements, as evidenced by the very low rate of filed consumer complaints (0.01% for all calls handled from June 1, 2006 through May 31, 2007).
GoAmerica is publically traded on the NASDAQ stock market (stock ticker: GOAM), and financial information is readily available. The company has capital commitments to acquire the assets and facilities covered by the APA and to support the ongoing obligations of the CCS Contract. As such, the company is committed to serving the deaf, hard of hearing, and speech-disabled community for the long term.
(END OF ATTACHMENT A)
4 Under those arrangements, Nordia provides call center management functions for GoAmerica, which functions will be extended under the APA.
