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HomeMy WebLinkAbout20131016Relinquishment.pdfWlof$ O'Lear) BizCounse@3w lT75W. Sate Street, #150 Boise, Idaho 8T7O2 Voice / Tort 208.+53.510 5 E-Mai[ Mollv @ BizCou nselorAtLaw.com Ms. fean Jewell Commission Secretary ldaho Public Utilities Commission P O Box 85720 Boise lD 87720-Co74 i-* -,^ *j-'_rr - ?fit? nnT I (rurrUUI l J ii..r'li , -l€!! i.;;_ \-jl: i;i : PI{ 3: ll Hand Deliverd RE CASE NO. ALL-T-IOOI NOTTCE OF RELTNQUTSHMENT Dear Ms lewell: Enclosed herewith are an original and seven copies of the above-refercnced Notice of Relinquishment We have also enclosed a copy of the abovereferenced Notice to be file-samped "Received" and returnd for our records Sincerely, Molly O'Leary flSB #4?951 BizCounselor@ Law, PLLC lns W. State Street #150 Boise, ldaho 83702 Telephone: 208.453.6106 E-maiL Molly@ BizCounselorAthw.com Attorneys for Allied Wireless Communications Corporation iqra ^-rf I/ll-1,, I I. !:- Lq; I ii:! ..!. | |I ii u' i I BEFOR.E THE IDAHO PUBLIC UTILMES COMMISSION ln the Matter of the Application of ) CASE NO. ALL-T-IO-OI AIIied Wireless Communications l Corporation dlbla AIIied Wireless ) For Designation as an Eligible l Telecommunications Carrier l NOTICE OF REUNQUTSHMENT OF ELIGIBLE TELECOMMI.INICATIONS CARR,IER DESIGNANON l. AIIied Wireless Communications Corporation ['AIIied Wireless" or "Company'') hereby notifies the ldaho Public Utilities Commission ["Commission") of the relinquishment of its Eligible Telecommunications Carrier ('ETC') designation [ "ETC Designation"J in the state of ldaho, pursuant to 47 u.s.c. s 214[eI4], 47 c.F.R. s 54.205 and ldaho Code S52{l0D[,+]. This notice is submitted in lieu of Allied Wireless' Annual Report and Certification [FCC Form 481]. 2. On September 20, 2013, the Federal Communications Commission f'FCC'l approved the transfer of all of the Allied Wireless customers, spedrum licenses, network and substantially all other operational assets used by the Company to serve its customers in the NOTTCE OF RELINQUISHMENT ETC designated areas to AT8IT, Inc. ["Transaction"J.r The transferred assets did not include the ETC Designation. Allied Wireless has now consummated the Transaction. 3. The relinquishment of Allied Wireless' ETC Designation should occur under these circumstances by operation of law. Because AIIied Wireless has sold its business, it is no longer able to provide retail wireless communications services to customers in ldaho. Any ETC benefits and obligations therefore have become irrelevant. 4. Even if consent were required, the requirements to relinquish the ETC Designation are met here. 47 U.S.C. S 2la[e][a] $ates, in pertinent part A State commission t...1 shall permit an eligible telecommunications carrier to relinquish its designation as such a carrier in any area served by more than one eligible telecommunications carrier.. Prior to permitting a telecommunications carrier designated as an eligible telecommunications carrier to cease providing universal service in an area served by more than one eligible telecommunications carrier, the State commission t...1 shall require the remaining eligible telecommunications carrier or carriers to ensure that all customers served by the relinquishing carrier will continue to be served, and shall require sufficient notice to permit the purchase or construction of adequate facilities by any remaining eligible telecommunication carrier. 5. Following the relinquishment of Allied Wireless' ETC Designation, each of the ILEC wire centers identified in Exhibit A will continue to be served by at least one ETC. To the best of Allied Wireless' knowledge, each of the wire centers will continue to be served by the incumbent LEC ETC. In addition, the Commission has designated other competitive ETG to provide seruice within specific portions of the designated areas. All other competitive ETCs receiving universal service support in the state of ldaho that serve parts of Allied Wireless' ETC designated area are identified in Exhibit B. I ln the Maffer of AT*T Inc. and Atlantic Tel*Network, lnc. for Consent to Transfer bntrol of and Assign Licenses and Authorizations, Memorandum Opinion and Order, W Docket 13-54, Releasd September 24 2013. NOTTCE OF RELTNQUTSHMENT - 2 5. Moreover, to the best of Allied Wireless' knowledge, all customers that were previously served by Allied Wireless will continue to be served by ATsIT and none of the remaining ETCs will be required to purchase or construct additional facilities to continue providing service within the wire centers and/or study areas comprising the designated area. For the foregoing reasons, Allied Wireless respectfully notifies the Commission of the relinquishment of its ETC Designation. RESPECIFULLY SUBMITTED, this 15e day of October, 2013. ALLIED WIRELESS COMMUNICATIONS CORPORATION Mollv @ BizCou nzselorAtLaw.com @Law, PLLC . State Street #150 NOTTCE OF RELTNQUTSHMENT - 3 CERNFICATE OF I HEREBY CERTIFY that on the l5n day of within and foresoing NOTICE OF RELINQUISHMENT to C.ommission Secretary len Jqrell at the ldaho Public a true and correct copy of the ALL-T-IOOI) was handdelivered NOTTCE OF RELTNQUTSHMENT - 4 RURAT TELEPHONE COMPANY STUDY AREAS/WIRE CENTERS SERVED BY ALLIED WIRETESS IN ITS ETC SERVICE AREA ILEC STUDY AREA INCUMBENT tEC WIRE CENTER EXCHANGE 472215 CAMBRIDGE TELEPHONE COMPANY CMBRIDXC CAMBRIDGE 472215 CAMBRIDGE TELEPHONE COMPANY cNclrDxc COUNCIL 472215 CAMBRIDGE TELEPHONE COMPANY CPRMIDXC CUPRUM 4722L5 CAMBRIDGE TELEPHONE COMPANY LWMNlDXC LOWMAN 4722t5 CAM BRIDGE TELEPHON E COM PANY INVYIDXC INDIAN VLY 472225 CENTURYTEL OF IDAHO, INC.LEDRIDXC LEADORE 472225 CENTURYTEL OF IDAHO, INC.NFRKIDXC NORFOLK 472225 CENTURYTEL OF IDAHO, INC.SLMNIDXC SALMON 472278 CUSTER TELEPHONE COOPERATIVE, ]NC.cHLSIDXC CHALLIS 4722t8 CUSTER TELEPHONE COOPERATIVE, INC.CYTNIDXC CLAYTON 472218 CUSTER TELEPHONE COOPERATIVE, INC.EKBNIDXC ELK BEND 472218 CUSTER TELEPHONE COOPERATIVE, INC.MAY IDXC MAY 472221 FARMERS MUTUAL TELEPHONE CO.FRLDIDXX FRUITLAND 472221 FARMERS MUTUAL TELEPHONE CO.NUARIDXC NU ACRES 472226 MIDVALE TELEPHONE EXCHANGE, INC.LKVWIDXC LAKEVIEW 472226 MIDVALE TELEPHONE EXCHANGE, INC.MDVA]DXC MIDVALE 472226 M IDVALE TELEPHONE EXCHANGE,NC.STNLIDXC STANLEY 472226 MIDVALE TELEPHONE EXCHANGE,NC.WRLKIDXC WARM LAKE 472226 M I DVALE TELEPHONE EXCHANGE,NC.WRRNIDAA WARREN 472226 MIDVALE TELEPHONE EXCHANGE,NC.YLPNIDXC YELLOWPINE NON.RURAL TELEPHONE COMPANYWIRE CENTERS SERVED BV ALLIED WIRELESS IN lTS ETC SERVICE AREA IIEC STUDY AREA INCUMBENT tEC WIRE CENTER EXCHANGE 475LO3 QWEST CORPORATION CTWDIDOl COTTONWOOD 475103 QWEST CORPORATION EMMTIDMA EMMETT 475L03 QWEST CORPORATION GAVLIDOl GRANGEVILLE 475L03 QWEST CORPORATION IDCYIDMA BOISE 475103 QWEST CORPORATION KAMHIDOl KAMIAH 475103 QWEST CORPORATION NPMOIDMA NEW PLYMOUTH 475LO3 QWEST CORPORATION PYTflDMA PAYETTE 475103 QWEST CORPORAT]ON WESRIDMA WEISER NOTICE OF RELINQUISHMENT - EXHIBIT A STUDY AREA CODE ETC NAME 479006 New Cingular Wireless, PCS, LLC 479007 WASHINGTON RSA NO.8 LIMITED PARTNERSHIP DBA INLAND CELLULAR 479008 Syringa Wireless, LLC 479009 CTCTelecom,lnc 4790tL Gold Star Communications LLC 4790L2 Allied Wireless Communications Corp 4790L3 T-Mobile West Corporation 4790L4 Cricket Communications, lnc. 4790L5 Virgin Mobile, USA DBA Assurance Wireless NOTTCE OF RELTNQUTSHMENT - EXH|B|T B