ATTACHMENT 1 - Docs.cpuc.ca.gov
ATTACHMENT 1Data Request Response
Stephen H. KuktaDirector, Regulatory Affairs, West RegionState RegulatorySprint Corporation900 7th Street NW, Suite 700Washington, DC 20001Telephone: 415-572-8358Email: Stephen.H.Kukta@sprint.comMarch 20, 2020Via email communication to: rmm@cpuc.ca.govCalifornia Public Utilities CommissionConsumer Protection and Enforcement DivisionAttn: Rahmon O. Momoh505 Van Ness AvenueSan Francisco, CA 94102-3298Re: Sprint’s CONFIDENTIAL Response to CPED Data Request, Set No. 1:“Sprint’s Virgin Mobile affiliate (d/b/a Assurance Wireless) LifeLineReimbursement for Non-Usage Customers”Dear Mr. Momoh:In response to the Consumer Protection and Enforcement Division (“CPED”) of theCalifornia Public Utilities Commission (“CPUC” or “Commission”) requests for theproduction of information entitled: Data Request, Set No. 1: “Sprint’s Virgin Mobileaffiliate (d/b/a Assurance Wireless) LifeLine Reimbursement for Non-Usage Customers”,setting forth 14 requests for production of information (“DRs” or “RFPs”), addressed to“Sprint’s Virgin Mobile affiliate” (presuming the CPUC is referring to: Virgin MobileUSA, L.P. (U 4327 C)) (referred to herein as “the Company,” “Assurance,” “VirginMobile,” and “Sprint”), sent to the attention Stephen Kukta, Senior Counsel and Director,Sprint and copy to Kristin Jacobson, outside counsel to Sprint, with responses due onMarch 20, 2019 (“Responses” or “DR Responses”), as extended pursuant to emailcorrespondence on March 10, 2020, please find the following Responses set forth below.The Company‘s Responses are submitted subject to its accompanying request forconfidential treatment pursuant to General Order No. (“GO”) 66-D, which is furtheraccompanied by a supporting declaration as required by that GO.Prefatory Statement and ObjectionsSprint objects to the RFPs on the grounds that they contain terms that are vague, ambiguous, and
California Public Utilities CommissionConsumer Protection and Enforcement DivisionMarch 20, 2020Page 2CONFIDENTIAL RESPONSESsusceptible to multiple interpretations (including, but not limited to, such undefined terms as“using the service,” “non-usage customers,” “monitors,” “incident,” “enquiries,” “correctivemeasures,’ “billing issues,” “preventative measures,” “independent third party,” “actions,” and“correspondences.”)In the brief time available since receiving the RFPs, the Company has diligently attempted tolocate and identify responsive data and to produce in good faith the information requested by theDRs. The Company‘s efforts to locate information in response to the DRs are ongoing. TheseResponses are made on the basis of information presently known to the Company and are madewithout prejudice to the Company’s right to amend or supplement these preliminary responses asadditional information, if any, is located, and additional information is imparted by the CPUCregarding the DRs.In responding to the DRs herein, the Company does not concede the relevancy, materiality, oradmissibility of any information or documents sought by the requests, or of any responsethereto. Nor does the Company waive any objections it might have, e.g., as to competency,relevancy, materiality, lack of foundation, or admissibility as evidence or for any other purpose.The Company does not waive claims of confidentiality or privilege, including but not limited toattorney client work product privilege, by responding to the DRs.The Company‘s Responses herein incorporate by reference all of the objections set forth above,and such objections are not again produced in each of its Responses to the DRs.Sprint’s Responses to DRsDraft Responses to CPED DR-011.Please provide a breakdown of the monthly number of California Lifeline non-usagecustomers affected by Sprint's (DBA Assurance Wireless) improper reimbursement ofCalifornia Lifeline subsidies for non-usage customers. Provide the breakdown in Excel.Company Response: As discussed in detail in Confidential Addendum 1, a July 2017coding error caused the Company, contrary to its own policy, to count inbound callsanswered by voicemail as activity for purposes of the Lifeline activity rules. As a result,some Assurance Wireless subscribers remained on the Company’s rolls, even though theywent more than 45 days without qualifying usage, as defined by 47 C.F.R. § 54.407(c)(2).In response to this request, please see Confidential Exhibit 1, attached hereto, whichlists, by month, the number of California subscribers who, based on the Company’srevised code, had been inactive for more than 45 days at the time they were included inthe total number of subscribers for whom the Company sought California Lifelinesubsidy.2
California Public Utilities CommissionConsumer Protection and Enforcement DivisionMarch 20, 2020Page 4CONFIDENTIAL RESPONSESCompany Response: Please see attached Confidential Addendum 1, which includesinformation responsive to RFP #4 sub-parts (a) and (b). The Company’s first contact withFCC Chairman’s Office and Wireline Competition Bureau was on or about August 16,2019. The Company’s first contact with the Enforcement Bureau was on or about August19, 2019. The Company’s first contact with the Office of Inspector General (“OIG”) wason or about October 22, 2019. The Company’s contact at the OIG is Eric Phelps. TheCompany’s contact at the Enforcement Bureau contact is Kalun Lee.5.Please explain whether the California Public utilities Commission (CPUC) wasnotified in a timely manner. If not, please explain.Company Response: As explained in response to RFP #6 below, the CPUC wasnotified in a timely manner once the Company discovered and understood thatthere was a coding issue and the ramifications that it created.6.If the CPUC was notified, please provide all correspondences regarding thenotification.Company Response: Please see attached Confidential Exhibit 3, whichincludes email correspondence with the CPUC regarding initial and ongoingnotifications.7.Please provide any press release or enquiries related to this incident.Company Response: The Company did not issue any press releases related to the nonusage matter. The company does not understand the CPUC’s use of the term “enquiries”in this context. To the extent that the CPUC is asking whether Sprint received inquiriesfrom media outlets, the answer is yes. Sprint received requests for comment from thefollowing outlets:1. Android Headlines2. Ars Technica3. Bloomberg4. Bloomberg Law5. Cablefax6. CNET7. CNN8. Communications Daily9. CQ Roll Call10. Daily Caller11. Engadget12. FierceWireless13. Fox News4
California Public Utilities CommissionConsumer Protection and Enforcement DivisionMarch 20, 2020Page 5CONFIDENTIAL RESPONSES14. Future Net15. Gizmodo16. Kansas City Star17. KCUR-FM (NPR KC)18. KSHB-TV (NBC KC)19. Mobile World Live20. Nikkei21. PaRR22. RCR Wireless23. Reuters24. The Hill25. The Verge26. TR Daily27. Wall Street Journal28. WDAF-TV (Fox KC)8.If refunds to California Lifeline Program were determined, please provide the refundamount and explain how the refunds were calculated. Provide all documents tosubstantiate the refund amount.Company Response: The Company has determined that it collected 34,684,170.69 inCalifornia Lifeline subsidy associated with the subscriber-months identified in responseto RFP #1, above. To calculate this amount, the Company utilized the followingprocess, for each applicable month:1. Determined the date at which a subscriber reached 46 days of inactivity since theirlast valid usage.a. If the subscriber had more than 45 days of inactivity at the time they wereincluded in the total number of subscribers for whom the Company soughtCalifornia Lifeline subsidy, the number of days between the end of the monthand their 45th day of inactivity are calculated. The number of days betweenthe end of the month and their 45th day of inactivity is then divided by thetotal number of days in that month to determine the percentage of themonthly subsidy potentially over-collected.b. If the subscriber reached day 46 in a prior month, the full monthly subsidyclaimed for that subscriber (i.e., 100%) is flagged.2. Identified the Weighted Average Total for that subscriber according to the CAWeighted Average Report for that Year/Month.3. Used the lower of the Weighted Average calculations from #1 and #2 above to5
California Public Utilities CommissionConsumer Protection and Enforcement DivisionMarch 20, 2020Page 9CONFIDENTIAL RESPONSESCompany Response: The Company objects to this RFP on the basis that it isoverly burdensome, seeks potentially confidential and privileged communications,and is not reasonably calculated to lead to the discovery of admissible evidence.Notwithstanding the foregoing, the Company is producing certain correspondencewith the FCC, to the extent that it directly pertains to impacts that the Company’sLifeline non-usage incident had on the California LifeLine program, and furtherprovided the communications are not confidential, privileged, subject toconfidential settlement negotiations or confidential settlement terms, or otherwiseprotected from disclosure. Please see attached Confidential Exhibit 5.If you have any questions regarding the content of the Company’s response to the DRs, please donot hesitate to contact me at the addresses or number set forth above, or Kristin Jacobson at (707)816-7583 and via email at: kristin@kljlegal.com.Sincerely,/s/ Stephen KuktaStephen H. KuktaCc:Kristin L. JacobsonOutside Counsel to SprintLaw Offices of Kristin L. Jacobson9
California Public Utilities CommissionConsumer Protection and Enforcement DivisionMarch 20, 2020Page 10CONFIDENTIAL RESPONSESCONFIDENTIAL - ADDENDUM 110
California Public Utilities CommissionConsumer Protection and Enforcement DivisionMarch 20, 2020Page 11CONFIDENTIAL RESPONSESCONFIDENTIAL - ADDENDUM 1-A11
California Public Utilities CommissionConsumer Protection and Enforcement DivisionMarch 20, 2020Page 12CONFIDENTIAL RESPONSESCONFIDENTIAL - ADDENDUM 1-B12
California Public Utilities CommissionConsumer Protection and Enforcement DivisionMarch 20, 2020Page 13CONFIDENTIAL RESPONSESCONFIDENTIAL – EXHIBIT 113
California Public Utilities CommissionConsumer Protection and Enforcement DivisionMarch 20, 2020Page 14CONFIDENTIAL RESPONSESCONFIDENTIAL – EXHIBIT 214
California Public Utilities CommissionConsumer Protection and Enforcement DivisionMarch 20, 2020Page 15CONFIDENTIAL RESPONSESCONFIDENTIAL – EXHIBIT 315
California Public Utilities CommissionConsumer Protection and Enforcement DivisionMarch 20, 2020Page 16CONFIDENTIAL RESPONSESCONFIDENTIAL – EXHIBIT 416
California Public Utilities CommissionConsumer Protection and Enforcement DivisionMarch 20, 2020Page 17CONFIDENTIAL RESPONSESCONFIDENTIAL - EXHIBIT 517
ATTACHMENT 2Data Request Response Addendum 1
ATTACHMENT 3Settlement Agreement
SETTLEMENT AGREEMENT BETWEEN THE CONSUMER PROTECTION ANDENFORCEMENT DIVISION AND ASSURANCE WIRELESS USA, LPThe California Public Utilities Commission’s (“Commission” or “CPUC”) ConsumerProtection and Enforcement Division (“CPED”) and Assurance Wireless USA, LP (U-4327-C)(“Assurance Wireless” f/k/a Virgin Mobile USA, L.P.), Sprint Corporation (“Sprint”), and TMobile USA, Inc. (“T-Mobile”) (collectively, the “Company”),1 collectively referred to herein as“Settling Parties,” have agreed on the terms of this “Settlement Agreement,” which they nowsubmit for consideration and approval by the Commission via a resolution.I.GENERAL PROVISIONSA. This Settlement Agreement represents a compromise of all disputes between the SettlingParties and is intended to be a full, complete and final resolution of all issues related toCPED’s investigation into Assurance Wireless’ collection of LifeLine subsidy supportfor certain subscribers whose only usage over a 45-day period were calls answered bythe subscribers’ voicemail rather than personally answered by the subscribers, duringJuly 2017 through September 2019 (the “Reimbursement,” which is the subject of theCPED investigation and this Settlement Agreement), for alleged failures to comply withthe Public Utilities Code, General Order 153, any other applicable California resolution,rule or general order, and any applicable federal rules or regulations that the CPUC mayclaim or assert that it has the right to enforce, including but not limited to 47 USC§254(f) and 47 CFR §54.405(e)(3).1Sprint is the ultimate parent of Assurance Wireless, the Sprint subsidiary which operates as aneligible telecommunications carrier under the Assurance Wireless name brand. In April 2020, TMobile and Sprint merged, with Sprint continuing as a surviving corporation and as a whollyowned subsidiary of T-Mobile (the “Merger”).1
B. The Settling Parties have agreed upon the resolution of each issue addressed in theSettlement Agreement on the basis that its approval by the Commission should not beconstrued as an admission or concession by any of the Settling Parties regarding anymatter of fact or law that may have been in dispute in this proceeding. Furthermore,consistent with Rule 12.5 of the Commission’s Rules, the Settling Parties intend thatthe approval of this Settlement Agreement by the Commission should not be construedas a precedent or statement of policy of any kind for or against any of the SettlingParties in any current or future proceeding with respect to any issue addressed in theSettlement Agreement.C. This Settlement Agreement reflects the direct and good-faith negotiation between theSettling Parties. The Settling Parties agree that this Settlement Agreement is integrated.Accordingly, if the Commission rejects or modifies any portion of this SettlementAgreement or modifies the obligations placed upon the Company from those that theSettlement Agreement would impose, each Party shall have the unilateral right towithdraw from the Settlement Agreement. If the Commission adopts this SettlementAgreement with modifications, all Parties must consent to the modifications or anyParty may void this Settlement Agreement, but only after such Party provides the otherParties to the Settlement Agreement with the opportunity to meet and confer in goodfaith regarding the proposed modifications.D. The Settling Parties agree that no signatory to the Settlement Agreement assumes anypersonal liability as a result of his or her execution of this document. All rights andremedies of the Settling Parties with respect to the Settlement Agreement are limited tothose available before the Commission.2
E. The Settling Parties agree to use their best efforts to obtain Commission approval of theSettlement Agreement through the resolution process and will not in any way oppose itsadoption. The Settling Parties will request that the Commission approve the SettlementAgreement without any change, finding that the Settlement Agreement is reasonable,consistent with the public interest and, consistent with applicable laws.F. This Settlement Agreement may be executed in counterparts, each of which shall bedeemed an original, and the counterparts together shall constitute the sameinstrument.G. This Settlement Agreement was jointly prepared by the Settling Parties and anyuncertainty or ambiguity existing in the Settlement Agreement will not be interpretedagainst any party on the basis that such party drafted or prepared the SettlementAgreement.H. This Settlement Agreement constitutes the entire agreement between the SettlingParties and supersedes all prior or contemporaneous agreements, negotiations,representations, warranties, and understandings of the Settling Parties with respect tothe subject matter set forth herein or otherwise relevant to this investigation.I. The Settling Parties agree that the obligations set forth in this Settlement Agreementare without prejudice to positions that each of the Settling Parties have taken, or mayhereafter take, in any proceeding in another state, or any proceeding at theCommission. In accordance with the Commission’s Rules of Practice and Procedure,Rule 12.5, the Settling Parties intend the Commission’s adoption of this SettlementAgreement to be binding on each of the Settling Parties, including their legalsuccessors, predecessors, assigns, partners, joint ventures, shareholders, members,3
representatives, agents, attorneys, parent or subsidiary companies, affiliates, officers,directors and/or employees, and all divisions within the Commission.J. If the CPUC adopts this Settlement Agreement through a resolution, the CPUC and allof its divisions agree to release and refrain from instituting, directing, or maintainingany violations or enforcement proceedings against the Company (including its legalsuccessors, predecessors, assigns, partners, joint ventures, shareholders, members,representatives, agents, attorneys, parent or subsidiary companies, affiliates, officers,directors and/or employees) related to the investigation described in paragraphsII(A)(1) and II(A)(2), based on information: (a) known, or that could have beenknown, to CPUC or CPED at the time CPED executes this Settlement Agreement, or(b) substantially similar to the facts the Company has disclosed to CPUC and CPED todate.K. This Settlement Agreement may only be amended or changed by a written agreementsigned by all Settling Parties and approved by the Commission.II. BACKGROUNDA. The Settling Parties fully support this Settlement Agreement, including itsreasonableness in light of the entirety of the record, consistent with the law and in thepublic interest. The Company does not admit liability, and CPED agrees to notcontradict the Company’s factual description of what led to, and the relevant conductthat is the subject of, the investigation, including the following:1. On August 23, 2019, Assurance Wireless representatives met with theCommission’s Communications Division (“CD”) disclosing that Assurance had,contrary to company policy, received compensation for California LifeLine4
participants whose only activity over 45 days had been inbound calls answered byvoicemail. Sprint had also voluntarily disclosed this same issue to the FederalCommunications Commission in late August 2019. On December 11, 2019, CDreferred to the Utilities Enforcement Branch (“UEB”) of CPED a possibleenforcement action against Assurance Wireless (f/k/a Virgin Mobile, which iswholly owned by Sprint).2. On February 11, 2020, UEB sent Sprint its first set of data requests. Sprintcooperated with UEB in responding to all data requests, and explained thefollowing: On July 8, 2017, Assurance Wireless implemented a code change inits systems that resulted in an inadvertent error. That error resulted in AssuranceWireless, contrary to its policy, treating incoming calls answered by asubscriber’s voicemail as qualifying usage. Assurance Wireless estimates thatbeginning in July 2017 and continuing until September 2019, a total of 3,026,628subscriber line-months, yielding 34,684,170.70 in compensation from theCalifornia LifeLine program, were affected by this error.III. AGREEMENTA. California LifeLine Fund Repayment and Interest. The Company agrees toreimburse the California LifeLine Fund in the amount of 34,684,170.70, and anadditional sum of 7,002,760.60, in interest, subject to the Commission’s approvalof this Settlement Agreement. In determining the appropriate interest to impose,CPED used Sprint’s borrowing cost between July 2017 and September 2019 plus anadditional 15% representing any potential benefits that may have accrued to Sprint5
due to its collection of the subsidy at issue from the CA Lifeline Fund.2 Within 15business days of execution of this Settlement Agreement, the Company, or a partyacting on its behalf, will deposit the reimbursement amount of 34,684,170.70 (the“Reimbursement Payment”) to be held in escrow in the Commission’s AdvancedCollection Account. On or after the date the Commission approves the resolutionadopting the Settlement Agreement without modificati
Confidential Exhibit 5. If you have any questions regarding the content of the Company’s response to the DRs, please do not hesitate to contact me at the addresses or number set forth above, or Kristin Jacobson at (707) 816-7583 and via email at: kristin@kljlegal.com. Sincerely, /s/ Stephen Kukta . Stephen H. Kukta . Cc: Kristin L. Jacobson
To: Metalogix International GmbH ( kathleen@ansarilaw.com ) Subject: U.S. TRADEMARK APPLICATION NO. 85255200 - METALOGIX - N/A Sent: 3/14/2013 12:13:23 PM Sent As: ECOM112@USPTO.GOV Attachments: Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 .
Justice Action Plan Accepting Public Comment November 2021 Produced by the CPUC News & Outreach Office outreach@cpuc.ca.gov A draft of the California Public Utili - ties Commission's (CPUC) Envi- . 4 to 17 years of age and their afterschool activity equipment, in the Cities of Tracy and Modesto, in the immediate vicinity of the pres-
Attachment 2: Principal Candidate Resume Attachment 3: School Administrator Resume Attachment 4: Governance Documents Attachment 5: Statement of Assurances Attachment 6: Board Members Information Attachment 7: Conflict of Interest Attachment 8: Scope and Sequence Attachment 9: Academic E
BUDGET, FINANCE, AND INFRASTRUCTURE COMMITTEE March 23, 2022, TIME: 10:15 AM to 12:15 PM THE CAROLINA INN OPEN SESSION FOR ACTION Attachment A Attachment B . Attachment C . Attachment D Attachment E Attachment F Attachment G . Attachment H. 1. All-Funds Budget Model. Nathan Knuffman, Vice Chancellor for Finance and Operations 2.
To: Metalogix International GmbH (kathleen@ansarilaw.com) Subject: U.S. TRADEMARK APPLICATION NO. 85255200 - METALOGIX - N/A Sent: 1/6/2015 11:03:38 PM Sent As: ECOM117@USPTO.GOV Attachments: Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8
known as a performance audit) of PPP-related costs and activities at least once every three years. The CPUC may on its own order, whenever it determines it to be necessary, conduct audits of the revenues required to be collected and submitted to the CPUC for each of the California Universal Telecommunications Services PPP funds.
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