20120525Amendment.pdf

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flECER'D
0I2 P14? 2 PM 2:143 ATTORNEYS AT LAW C
Molly O'Leary DA}i-
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3111 i
!JTILf DWMISSIO Tel: [phone] F..:,208-938-7904
molly® richards on and o lea ry. corn
P.O. Box 7218 Boise, ID 83707 - 515 N. 27th Sr. Boise, ID 83702
25 May 2012
Ms. Jean Jewell HandDel/vered
Commission Secretary
Idaho Public Utilities Commission
P0 Box 83720
Boise ID 83720-0074
RE:
APPLICATION OF ALLIED WIRELESS COMMUNICATIONS
CORPORATION FOR CONDITIONAL DESIGNATION AS AN
ELIGIBLE TELECOMMUNICATIONS CARRIER AND REQUEST FOR
EXPEDITED CONSIDERATION
Dear Ms. Jewell:
Enclosed herewith are an original and seven copies of the above-referenced Application.
We have also enclosed a copy of the above-referenced Application to be file-stamped
"Received" and returned for our records.
Sincerely,
•114-
Molly 0' ry
Rich so O'Leary, PLLC
Enclosures
cc Coeur d'Alene Tribe
Nez Perce Tribe of Idaho
Shoshone-Bannock Tribe
S .
RE C CE-11 V F D
Molly O'Leary (ISB #4996) LUlffl M L MAY ')I
Richardson & O'Leary, PLLC 'LF' P'!
515 North 27" Street
P.O. Box 7218
Boise, Idaho 83707
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for A/fled Wireless Communications Corporation
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application ) CASE NO. ttT12+ ,4-L1-- 1-10-01
of Allied Wireless )
Communications Corporation, ) APPLICATION OF ALLIED WIRELESS
dibla AlItel, for Conditional ] COMMUNICATIONS CORPORATION
Designation as an Eligible ] FOR CONDITIONAL DESIGNATION AS
Telecommunications Carrier for ] AN ELIGIBLE TELECOMMUNICATIONS
Purposes of Participating in the ) CARRIER AND REQUEST FOR EXPEDITED
Mobility Fund Phase I Auction ) CONSIDERATION
Allied Wireless Communications Corporation, d/b/a AlItel ("Allied" or the
"Company"], pursuant to 47 U.S.C. § 214[e](2), 47 C.F.R. § 54.1003, and the Idaho
Public Utilities Commission (the "Commission") Eligible Telecommunications Carrier
("ETC") designation requirements', hereby petitions the Commission for conditional
designation as an ETC in all areas in Idaho where Allied is licensed by the Federal
Communications Commission ("FCC"] to provide commercial mobile radio services
("CMRS") where it is not presently designated as an ETC. The area for which
designation is sought by this application is indicated on Exhibit 1 to this Application.
'See In the Matter of the Application of WWC Holding Co., Inc. dba CellularOne seeking Designation
as an Eligible Telecommunications Carrier That May Receive Federal Universal Service Support, Order
No. 29841, Appendix pp 1-3 (IPUC Case No. WST-T-05-1, served August 4, 2005) ("Idaho ETC
Requirements")
ALLIED WIRELESS CONDITIONAL ETC APPLICATION -I
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Allied seeks conditional ETC designation so that it will be eligible to
participate in the FCC Mobility Fund Phase I auction that is presently scheduled to be
conducted on September 27, 2012 [the "Phase I Auction'].' The Phase I Auction is to
provide up to $300 million of support on a one-time basis to accelerate deployment
of networks for mobile voice and broadband services in unserved areas. Because
some of the areas of Idaho where Allied is licensed to provide CMRS are generally
very rural and the FCC has determined are unserved, the public would benefit
substantially if funds are awarded to Allied from the Phase I Auction
In order to submit a bid in the Phase 1 Auction, Allied must first be
designated as an ETC in all the census blocks for which it will submit a bid ETC
designation by this Commission is, therefore, a prerequisite for bidding Bids are
presently required to be submitted between June 29, 2012 and July 12, 2012 Allied,
therefore, must receive ETC designation before these dates and is seeking exDedtted
aDoroval of this application pursuant to the Commission's Modified Procedure rules
Further, Allied is requesting that the ETC designation requested herein be
made conditional on it being the successful bidder in the Phase I Auction Therefore,
any ETC designation granted pursuant to this application would only continue in
effect if or to the extent it is the successful bidder.
2 connect America Fund WC Docket No. 10-90, A National Broadband Man for Our Future, GN
Docket No 09-51, Establislirng Just and Reasonable Rates for Local Exchange Carriers, WC Docket No
07435, High-Cost Universal Service Support, WC Docket No 05-337, Developing an Unified
Intercarrier Compensation Regime, CC Docket No. 01-92, Federal State Joint Board on Universal
Service, CC Docket No 96-45, Lifeline and Link-up, WC Docket No 03409, Universal Service Reform
- Mobility, WT Docket No 10-208, Report and Order and Further Notice of Proposed Rulemakrng,
FCC 11461, rel. November 18, 2011 [ USF Transformation Order"]
ALLIED WIRELESS CONDITIONAL ETC APPLICATION -2
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1 IDENTIFICATION OF THE COMPANY
Allied, a wholly-owned subsidiary of Atlantic Tele-Network, Inc, a publicly
traded corporation headquartered in Beverly, Massachusetts, is licensed by the FCC as
a facilities based provider of CMRS, including voice and data services and provides
those services in principally rural areas of Idaho, Georgia, Illinois, Ohio, North
Carolina, and South Carolina Allied, as described in its original ETC application to
this Commission, was formed and acquired certain FCC licenses and facilities in areas
in the above states when Verizon Wireless acquired Alitel Communications in 2009
and was required to divest those licenses and facilities.' Allied is presently
designated and operates as an ETC in certain areas of Idaho, Georgia, and North
Carolina and has an application on file in South Carolina.' Allied is filing or will file
applications essentially identical to this application seeking conditional ETC
designation in Ohio and Illinois in order to allow it to also participate in the Phase I
Auction with respect to its licensed area in those states.
2 THE MOBILITY FUND AND PHASE I AUC11ON
In connection with its adoption of comprehensive reform of the universal
service system in November 2011, the FCC created the Mobility Fund, part of the
Connect America Fund The FCC indicated the Mobility Fund will provide up to
$300 million to accelerate the deployment of next generation 3G or better networks
In the Matter of the Application of Allied Wireless Communications Corporation dba Afire! Wireless
for Designation as an Eligible Telecommunications Carrier, Case No ALL-T-10-01, Order No 3229,
Service date March 22, 2011 (the order approving the application, the 2011 Allied Designation Order")
4 /n the Matter of Application of Allied Wireless Communications Corporation for Designation as an
Eligible Telecommunications Carrier Pursuant to Section 214[e12] of the Communications Act of 1934,
Public Service Commission of South Carolina, Docket No 2010-385-C
ALLIED WIRELESS CONDITIONAL ETC APPLICATION -3
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for mobile voice and broadband services in unserved areas Phase I Auction funds are
to be awarded through a reverse auction that will be held on September 27, 2012
The FCC has also determined census blocks that are considered unserved and thus
eligible for awards under the Phase I Auction Some of these designated census blocks
are located in Idaho and within the area where Allied is licensed to provide CMRS
Allied, therefore as one of the few carriers licensed to provide CMRS in the
designated unserved census blocks, is uniquely positioned to bring the benefit of the
Phase I Auction to rural unserved areas of Idaho
3 THIS COMMISSION HAS AUTHORITY AND ALLIED IS QUALIFIED TO BE
DESIGNATED AS AN ETC
Federal law allows states to exercise the authority to designate a qualified carrier
as an ETC.' This Commission, for example as it has previously determined in
designating Allied an ETC in the 2011 Allied Designation Order, has the authority
under state law to designate a qualified carrier as an ETC
Allied satisfies all the relevant requirements for designation as an ETC Allied is
(i) a common carrier, (ii) offers all the supported services, (iii) uses its own facilities to
provide the services, and (iv] offers service throughout its designated service area and
following designation and success in receiving Phase I Auction funds it also will [v]
advertise the availability of its universal service offerings and charges through media
of general distribution, (vi) make Lifeline service available to qualifying low-income
consumers, (vii) certify that it complies with the service requirements applicable to the
support it receives, [viii] submit a 2 year service improvement plan, (ix) be able to
5 47USC.214(e) and 47CFR 9541003
ALLIED WIRELESS CONDITIONAL ETC APPLICATION -4
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remain functional in emergency situations, (x) satisfy consumer protection and service
quality standards; (xi] provide local usage plans comparable to the incumbent local
exchange carriers already operating in the area, (xii) provide notice to affected tribal
governments or tribal regulatory authorities; (xiii) comply with applicable reporting
requirements and (xiv) take steps to limit fraud, waste and abuse in the federal
universal fund programs Because Allied is uniquely positioned to bring and improve
service in rural unserved areas of Idaho, and the provision of those services will
benefit the public, granting this application is in the public interest Demonstration
that Allied meets or exceeds each of the above requirements is provided in the
following corresponding sections
(i) Common Carrier Status - Allied is a CMRS provider licensed by the FCC
and therefore regulated as and subject to the requirements applicable to a
common carrier. Allied is a common carrier and meets this requirement
of ETC designation.'
(ii] Provide the SuDDorted Services - As determined by the Commission in the
2011 Allied Designation Order, Allied provides (a) voice grade access to the
public switched telephone network, (b) local usage, (c] access to emergency
services and (d) toll-limitation services for qualifying low-income
consumers These are the supported services that a carrier must provide
and that are supported by universal service funds Allied, therefore,
satisfies this qualification for ETC designation as previously determined by
the Commission
6 47C.FR 209
ALLIED WIRELESS CONDITIONAL ETC APPLICATION -5
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(iii) Use of Allied Facilities - Allied is a facilities-based provider of services and
as such principally utilizes its network and facilities to serve its customers
rather than resell the service of another carrier. Again, this was the case
when the Commission approved its earlier ETC designation in the
20IlAllied Designation Order.
[iv)Supported Services Provided Throughout Service Area - Allied commits to
provide all of the supported services throughout its designated service area
as required Allied is licensed to provide CMRS in all the area indicated on
Exhibit I for which it is seeking conditional ETC designation and therefore
satisfies this requirement. Approval of this application and success in
receiving Phase I Auction funds will further enable Allied to fulfill this
requirement in those areas indicated on Exhibit I
[v)Advertise the Availability of Supported Services - Allied currently
advertises the availability of supported services through media of general
distribution. It utilizes newspapers, its website, and other direct advertising
methods throughout its service area. Allied will expand upon these media,
as necessary, to ensure that consumers within its ETC designated area are
fully informed of its universal service offerings. Further, Allied will
advertise its Lifeline and Link Up services throughout its ETC area Allied
therefore will satisfy this requirement for ETC designation
(vi) Lifeline Service Availability - Allied will offer Lifeline and Link Up service
within its ETC area to all qualifying low-income consumers in accordance
with applicable federal and state lifeline requirements. Details of Allied's
ALLIED WIRELESS CONDITIONAL ETC APPLICATION -6
current Lifeline offering in Idaho are attached hereto as Exhibit 2 Upon
designation as an ETC pursuant to this application and receipt of Phase l
Auction funds, Allied will expand its offering of Lifeline and Link Up to
include the area indicated on Exhibit 1 for which it receives Phase I Auction
funds. Allied's Lifeline and Link Up service were part of the requirements
that were approved by the Commission in the 2011 Allied Designation
Order and therefore Allied has already been determined as satisfying this
requirement
(vii) Provision of Service ReQuirements - Allied commits to provide service
throughout its designated service area to all customers making a
reasonable request for service Allied commits that it will process such
requests consistent with the provisions of section 54 202(a)(1)(A) of the
FCC rules Allied believes the service provisioning commitments in these
rules and as described in its application approved in the 2011 Allied
Designation Order will ensure that Allied will be responsive to consumers'
needs in its ETC area and will enable it to act as a proper steward of
available federal service support
[viii] 2 Year Service lmørovement Plan - Allied is seeking designation
conditioned on receipt of Phase I Auction funds Therefore, in connection
with a bid for those funds and approval of any bid, Allied will identify the
service improvements that can be accomplished with any funds approved
Allied requests approval of this application conditional on its success in
47 C F R § 54 202(A)(I)[a)
ALLIED WIRELESS CONDITIONAL ETC APPLICATION -7
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bidding and requests that it be allowed to provide the bid to the
commission on a confidential basis when details relating to the bid are filed
with the FCC The bid information filed with the FCC and the
Commission would constitute its proposed improvement plan, as would
consists of the same information required in a service improvement plan,
subject to success in bidding for any portion of the improvements detailed
in the bid Alitel believes that this proposal will satisfy this requirement as
its ETC designation will be specifically conditioned on the one-time receipt
of funds and those funds must be expressly used for the improvements
specified in the bid to provide service in unserved areas Allied commits
to submit to the commission the details of any successful bid and
proposed use of the funds after those are determined by a successful bid
(ix) Ability to Function in Emer gency Situations - Allied has the ability to
remain functional in emergency situations as required by FCC rules and
previously determined by this Commission in the 20llAllied Designation
Order.' Specifically, Allied has adequate amounts of back-up power to
ensure functionality without an external power source, and is able to
reroute traffic around damaged facilities and is capable of managing traffic
spikes resulting from emergency situations. Allied further commits to
comply with any applicable reporting requirements of the FCC with
respect to outages Again, Allied satisfies this requirement for ETC
designation
8 47 CFR 54.202(a)(21
ALLIED WIRELESS CONDITIONAL ETC APPLICATION -8
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[x) Consumer Protection Reciuirements - Allied complies with applicable
consumer protection and service quality standards specified by the FCC
and this Commission Allied complies with the CTIA Consumer Code
which sets forth several consumer protections developed by the industry.
The FCC has determined that commitment to comply with the CTIA
Consumer Code satisfies this requirement for ETC designation Allied is
committed to abide by the CTIA Consumer Code, as it may be amended
from time to time, throughout its ETC designated area Allied also certifies
annually that it complies with the CTIA Consumer Code
[xi] Comparable Local Usage Plans - Allied has previously committed to
offering local usage plans comparable to those offered by the incumbent
LECs in the service areas for which it seeks ETC designation While the
FCC has eliminated this requirement in the recent reform of universal
service, Allied commits to continue offering a local usage plan comparable
to that offered by the incumbent LECs within its ETC designated area to
the extent still applicable in Idaho and, therefore, satisfies this requirement
for ETC designation if applicable
(xii) Notice to Tribal Governments or Re gulatory Authorities - Allied is
providing notice to the Tribal governments and regulatory authorities
although it is not certain which of these may be interested as the census
blocks that are unserved and for which Phase I Auction funds may be
47 C F R 202(a)(3) and Idaho ETC Requirements, app, at 3
ALLIED WIRELESS CONDITIONAL ETC APPLICATION -9
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dedicated are not yet fully known)° Allied has satisfied this requirement by
notifying all potentially interested Tribes
(xiii)Additional Re vorting Reauirements - Allied commits that it will comply
with all applicable reporting requirements imposed by Idaho
(xiv)Limit Fraud, Waste, and Abuse - On February 6, 2012 the FCC adopted
comprehensive reforms to the low-income program to revise the Lifeline
service requirements." In the Lifeline Reform Order, the FCC adopted
specific reforms attempting to limit fraud, waste and abuse in the low-
income program. Allied commits to compliance with the rules as they are
applicable
4 DESIGNATION OF ALLIED AS AN ETC IS IN THE PUBLIC INTEREST
As described above, this application is for conditional ETC designation
specifically to enable Allied to submit a bid to the FCC in its September Phase I
Auction This auction will provide up to $300 million in one-time support to
immediately accelerate deployment of networks for mobile voice and broadband
services in unserved areas n The FCC has already determined that certain census
blocks are unserved and qualify for these funds Some of those unserved census
blocks are located in area where Allied is licensed to provide CMRS and for which
it is not presently designated as an ETC Allied is therefore one of the few carriers
that is qualified and uniquely positioned as a predominately rural wireless carrier
10 Idaho ETC Requirements, App, at 3
'1 /dat 3-4
12 In the Matter of Life/me and Link Up Reform and Modernization, Report and Order and Further
Notice of Proposed Rulemaking, WC Docket No 11-42, FCC 12-11, released February 6, 2012 (Lifeline
Reform Order").
USF Transformation Order, at 128.
ALLIED WIRELESS CONDITIONAL ETC APPLICATION - 10
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to accelerate deployment of networks for mobile voice and broadband services in
these unserved census blocks Until the bids are submitted, it can not be
concluded whether Allied may be the sole or one of few that will seek Phase I
Auction funds with respect to these areas of Idaho It is therefore clearly in the
public interest to approve this application and to condition it on Allied being the
successful bidder. The overarching principles embodied in the Telecommunications
Act of 1996 that continue to guide the FCC decision to establish the Mobility
Fund and embodied in the USF Transformation Order is the promotion of
competition, the deployment of higher quality services and the rapid deployment
of new telecommunications technologies. 14
Conditional designation and successful bidding by Allied will undeniably
increase customer choice and service availability and make available to consumers
new service offerings, including wireless broadband and Lifeline services as the
areas where the funds are to be used are presently unserved Areas that are
presently unserved will have service The public interest is unmistakable and
therefore this application is clearly in the public interest Further, as structured,
the Mobility Fund will not adversely impact the current universal service
mechanisms. Approval of this application on an expedited basis and conditioned
upon Allied being a successful bidder in the Phase I Auction is clearly in the
public interest
47 U.S.C.§254
ALLIED WIRELESS CONDITIONAL ETC APPLICATION -11
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CONCLUSION
For the foregoing reasons, Allied Wireless Communications Corporation
dlbla AIltel, respectfully requests the following (i) that, pursuant to its Modified
Procedure Rules, the Commission expeditiously designate Allied as an ETC with
respect to the areas indicated on Exhibit I conditioned on Allied being a successful
bidder in the Phase I Auction; (ii) that the Commission send prompt notice of the
designation to the FCC and the Universal Service Administrative Company, and (iii)
for such other relief as may be appropriate
RESPECTFULLY SUBMITTED, this 25' day of May, 2012
ALLIED WIRELESS COMMUNICATIONS
CORPORATION
,,&- 1.', ,
Molly 'Le 6)
Richardsop49'Leary, NLC
515 Noytli 27'treet
P.O. ,&x 7218
Bo1e, Idaho 83707
Tqlephone: 208.938.7900
Fx 208 938 7904
E-mail [e-mail]
ALLIED WIRELESS CONDITIONAL ETC APPLICATION -12
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• : (.13 11 fol WMT111
ALUM WIRELEØN*tflONL M APPLICATM
MA 389 - IDAHO RSA 2 (Counties:. Adams, Gem, Idaho, Payette, Valley, Washington)
CMA 390 - IDAHO RSA 3 (Counties: Boise, Custer, Lemhi)
ETA 250 - Lewiston-Moscow, U)
ALLJEDWIRELESScONDITIONAL ETC APPIJCAT P 14
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EXUiT2
AWED WIRaESS ccND1TtNAL ETC APPUCATION 15
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LIFELINE 500 PLAN
Monthly Fee $10-00
Anytime Minutes Included Each Month 500
Text Messa&es Included Each Month 500
Mobile-to-Mobile (other U-Lifeline Customers) Free
Long Distance Charges Free
Caller ID Free
Handset
Additional anytime minutes above the 500 Included in the Plan
Free
. $0.10 cents a minute
Additional text messages above the 500 Included in the Plan $0.10 cents per text
Roaming .. $0.59 cents a minute
ALLIED WIRELESS CONDITIONAL ETC APPLICATION 16