TOPEKA, Kan. — The Kansas Corporation Commission approved an order on Dec. 24 allowing AT&T Kansas to relinquish its eligible telecommunications carrier (ETC) designation in much of its previously designated high-cost service area, commissioners said during their regular business meeting.

Commission staff presented the application in docket 24SWBT318MIS. Aaron Bailey, the staff presenter, told the commission that “the current application requests relinquishment of ETC status in 14,600 census blocks, and AT and T is proposing to retain, 1,518, census blocks.” He said AT&T will continue to provide legacy voice service in the relinquishment area and reported the company had 16 Lifeline customers in the affected area as of last year.

Bailey described the legal standard under federal law, citing 47 United States Code section 214, which permits an ETC carrier to relinquish ETC status only if (1) the area remains served by at least one other ETC and (2) the remaining ETCs will continue to provide service. “Staff analyzed the proposed relinquishment area and found at least 1 ETC carrier is available in the proposed areas,” Bailey said, and staff recommended approval “conditioned on some provisions.”

Those conditions require AT&T to retain ETC status in the areas it keeps, and to ensure the remaining ETCs can continue to offer Lifeline service. AT&T must notify competitive ETCs identified for the service area and file affidavits in the docket confirming those notices. Bailey told commissioners AT&T must also send the customer notice attached to the proposed order within 14 days of approval and send a second notice and billing statement, with an affidavit filed to show compliance.

Bailey also said AT&T must concurrently file with the commission any petition it submits to the Federal Communications Commission to discontinue services that could affect remaining ETCs, and must provide copies and affidavits to potentially affected ETCs so those carriers may intervene in any FCC proceeding.

Commissioners had no questions. Commissioner Keane moved to approve the order; the motion was seconded and the commission voted unanimously to approve it. The chair announced, “The order is approved.”

Earlier in the meeting the commission approved a 26-item consent agenda. Commissioner Keane announced recusals on consent-agenda items 4, 5 and 10 before the board voted to approve the consent items. The meeting adjourned following the noticed item.

What happens next

Under the terms set by staff and approved by the commission, AT&T must provide the required carrier and customer notices and file affidavits in docket 24SWBT318MIS to demonstrate compliance. Those filings will be publicly filed in the docket and could allow interested parties to intervene if related FCC petitions are filed.