BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

In the Matter of

VIASAT CARRIER SERVICES, INC., Docket No. UM 1970

Application for Designation as an Eligible Telecommunications Carrier to Receive CAF II Funds.

SECOND PARTIAL STIPULATION

STIPULATION

This Second Partial Stipulation is entered into for the purpose of resolving the remaining

issues in this proceeding by and among all parties as set forth below.

PARTIES

1. The parties to this Second Partial Stipulation are Viasat Carrier Services, Inc.

(Viasat or Company), the Citizens' Utility Board of Oregon (CUB), the Northwest

Telecommunications Association (NWTA), and the Staff of the Public Utility Commission of

Oregon (Staff), ( collectively the Stipulating Parties).

BACKGROUND

2. On September 26, 2018, Viasat filed its Application for Limited Designation as an

Eligible Telecommunications Carrier (ETC) with the Public Utility Commission of Oregon (the

Commission). This Application, as later amended on August 9, 2019, includes a request for

designation as an Eligible Telecommunications Provider (ETP) for participation in the Oregon

Telephone Assistance Program (OTAP). On November 29, 2018, Administrative Law Judge

Allan J. Arlow issued a Prehearing Conference Memorandum establishing an expedited

procedural schedule. A workshop/settlement conference with all Parties was held in this

Docket No. UM 1970 - PARTIAL STIPULATION Page 1 of 6

proceeding on December 17, 2018. Viasat filed Opening Testimony on January 2, 2019.

Another settlement/workshop was held on January 14, 2019. Following Staff's motion, a ruling

was issued on January 16, 2019 suspending the procedural schedule. The schedule was further

suspended by a ruling issued February 12, 2019. All parties participated in settlement

conferences on February 1, 2019, March 1, 2019, August 6, 2019 and October 8, 2019. The

Stipulating Parties held additional settlement conferences on March 22, 2019, April 19, 2019,

May 14, 2019 and May 29, 2019. The Parties filed a status report in this docket on May 3, 2019

and June 21, 2019. Viasat filed an Amended Application on August 9, 2019.

3. As a result of the settlement conferences between the Stipulating Parties, the

Stipulating Parties reached a partial settlement resolving most of the issues in this case, which is

set forth in the first Partial Stipulation filed on September 11, 2019. The Stipulating Parties did

not settle an outstanding issue raised by the Northwest Telecommunications Association

(Reserved Issue) with the first Partial Stipulation.

4. Prehearing conferences were held on July 22, 2019 and October 1, 2019 to set

and amend the procedural schedule for the Reserved Issue.

2019.

5. To address the Reserved Issue, the Parties stipulated to the following Issue List:

1. Whether the Commission should require Viasat Carrier Services Inc. to conduct service quality testing prior to designation as an eligible telecommunications carrier.

2. If the Commission requires service quality testing by Viasat Carrier Services Inc.:

a. Who may conduct the test: the applicant, an independent third party, or both?

b. What testing protocols apply?

c. What network must be tested?

6. Staff and CUB filed Reply Testimony addressing these issues on September 18,

Docket No. UM 1970 - SECOND PARTIAL STIPULATION Page 2 of 6

AGREEMENT AND CONDITIONS

7. The Stipulating Parties agree that, with the terms of the First Partial Stipulation

and the following stipulated conditions, Viasat meets the initial designation and annual

recertification requirements established in Order No. 15-382 for ETC status, as well as

requirements in subsequent related Federal Communications Commission (FCC) Orders.

Viasat's ETC designation, if granted, will be for purposes of receiving funds from the Connect

America Fund Phase II Auction (Auction 903) and participating in the federal Lifeline Program.

8. Stipulated Conditions. The Stipulating Parties acknowledge that Viasat,

following designation, will be required to submit testing to the FCC that demonstrates that it

meets the FCC's high-latency bidder requirements specified in 47 C.F.R. § 54.309(a)(v)(B). The

manner of such testing is currently specified in the FCC's Order DA 18-710 and further refined

in the FCC's Order on Reconsideration DA 19-911. The Stipulating Parties therefore agree to the

following:

a. It is not necessary for Viasat to conduct voice service quality testing ptior to

designation as an ETC by the Commission in this docket.

b. Viasat will expedite testing to meet the federal requirements to the extent it is

possible, following designation as an ETC by the Commission.

c. Viasat will share with the Commission and CUB the results of testing conducted

to measure Viasat's compliance with the FCC's high-latency bidder requirements when it

submits the results of such testing to the FCC.

d. In the event that Viasat submits voice service quality testing results to the FCC

that do not fully meet the FCC's standards and the FCC reduces the amount of CAF II

funding available to Viasat as a result, any party to this stipulation may request that the

Commission open an investigation under ORS 756.515, to consider whether Viasat's

ETC status should remain in effect.

GENERAL TERMS

9. This Partial Stipulation will be offered into the record as evidence under

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OAR 860-001-0350(7). The Stipulating Parties agree to support this Second Partial Stipulation

throughout this proceeding and any appeal, provide witnesses to sponsor testimony or legal

representatives to support this Second Partial Stipulation at hearing, if needed, and recommend

that the Commission issue an order adopting the Second Partial Stipulation.

10. If this Second Partial Stipulation is challenged by any other party to this

proceeding, the Stipulating Parties agree that they will continue to support the Commission's

adoption of the terms of this Second Partial Stipulation. The Stipulating Parties reserve the right

to cross-examine witnesses and introduce evidence as they deem appropriate to respond fully to

the issues presented.

11. The Parties have negotiated this Second Partial Stipulation as an integrated

document. If the Commission rejects all or any material part of this Second Partial Stipulation or

imposes additional material conditions in approving the Second Partial Stipulation and the ETC

and ETP Application, any Party disadvantaged by such action shall have the right to request a

hearing and opportunity to submit additional testimony, and/or in accordance with OAR 860-

001-0720, seek reconsideration or appeal of the Commission's order. However, prior to taking

any such actions, the Party must engage in good-faith negotiation with the other Parties to this

Second Partial Stipulation.

12. The Stipulating Parties agree that this Stipulation represents compromises in the

positions of the Parties. As such, conduct, statements and documents disclosed in the negotiation

of this Second Partial Stipulation shall not be admissible as evidence in this or any other

proceeding, unless independently discoverable or offered for the purposes allowed under ORS

40.190. By entering into this Second Partial Stipulation, no Party shall be deemed to have

approved, admitted, or consented to the facts, principles, methods, or theories employed by any

other Party in arriving at the terms of this Second Partial Stipulation, other than those specifically

identified in the body of this Second Partial Stipulation. No Party shall be deemed to have

agreed that any provision of this Second Partial Stipulation is appropriate for resolving issues in

any other proceeding, except as expressly identified in the Stipulation.

13. This Second Partial Stipulation is not enforceable by any party unless and until

Docket No. UM 1970 - SECOND PARTIAL STIPULATION Page 4 of 6

adopted by the Commission in a final order. Each signatory to this Second Partial Stipulation

avers that they are signing this Second Partial Stipulation in good faith and that they intend to

abide by the terms of this Second Partial Stipulation unless and until the Stipulation is rejected or

adopted only in part by the Commission.

14. This Second Partial Stipulation may be executed in counterparts and each signed

counterpart shall constitute an original document.

This Second Partial Stipulation is entered into by each Party as of the date(s) entered

below:

Viasat Carrier Services, Inc.

By: ~ ~

Title: President & Secretary

Date: October 25, 2019

Staff of the Public Utility Commission of Oregon

By: _____________ _

Title: ----------------

Date:

Docket No. UM 1970 - SECOND PARTIAL STIPULATION Page 5 of 6

adopted by the Commission in a final order. Each signatory to this Second Partial Stipulation

avers that they are signing this Second Partial Stipulation in good faith and that they intend to

abide by the terms of this Second Partial Stipulation unless and until the Stipulation is rejected or

adopted only in part by the Commission.

14. This Second Partial Stipulation may be executed in counterparts and each signed

counterpmi shall constitute an original document.

This Second Pa1iial Stipulation is entered into by each Party as of the date(s) entered

below:

Viasat Carrier Services, Inc.

By: _____________ _

Title: ----------------

Date:

Staff of the Public Utility Commission of Oregon

By: Id~ 2~ • - e?:e -~ Assistant Attorney General

Docket No. UM 1970-SECOND PARTIAL STIPULATION Page 5 of 6

Citizens' Utility Board of Oregon

Title: General Counsel

Date: October 24 2019

Northwest Telecommunications Association

By: _ _______________ _

Title: ---- ------------

Date: ---- -------- ---

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Citizens' Utility Board of Oregon

By: _____________ _

Title: -------- ----- --

Date: ---------------

Northwest Telecommunications Association

By: ___ ;~_-d_f_-.:Zt/4_w-'-r------Title: __ · ~ L_-::J.c.._, _._e~s'-'-· /......_/4_i -'--'/O,"--'==--f _____ _

Date: -~;_!J--,,.1/_:J-~ C/--,,.1/~l--,,.f ____ _ _

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