20090324Application.pdf

Lance J.M. Steinhart, P.C.
Attorney At Law
1720 Windward Concourse
Suite 115
Alpharetta, Georgia 30005
F:EC(:~\/
ZUD9HAR 24 AM 11= 09
Also Admitted in New York
and Marland
Telephone: (770)
Facsimile: [phone]
Email: lsteinar(ftelecomcounsel.com
March 17, 2009
VIA OVERNIGHT DELIVERY
Ms. Jean D. Jewell
Idaho Public Utilities Commission
Secretar
472 West Washington Street
Boise, Idaho 83702
r3 LC - "t-(59 -01
Re: BLC Management LLC d//a Angles Communication Solutions
Dear Ms. Jewell:
Enclosed please find for filing an original and three (3) copies of BLC Management LLC
d/b/a Angles Communication Solutions' Application for Eligible Telecommunications Carer
services within the State ofIdaho., .
I have also enclosed an extia copy oftl letter to be date stamped and retued to me in the
enclosed, self addressed, postage prepaid enve~pe;,. If you have any questions or if I may provide
you with additional information, please do not hesitate to contact me.
Respectfully submitted,
elM. Steinhar
Attorney for BLC Management LLC
d//a Angles Communication Solutions
cc: Brian Cox
BEFORE THE IDAHO UTILITIES COMMISSION R E C
2009 ñfllR 24 ~,1111 = 09
IN THE MATTER OF THE )APPLICATION OF )
BLC MANAGEMENT LLC D/B/A )
ANGLES COMMUNICATION )
SOLUTIONS FOR DESIGNATION )AS AN ELIGIBLE )
TELECOMMUNICATIONS CARRER)
WITHIN THE STATE OF IDAHO )
CASE NO.
gLC-_(-oD¡-OI
APPLICATION AND REQUEST FOR AUTHORITY
BLC Management LLC d//a Angles Communication Solutions ("BLC" or the
"Applicant"), pursuant to Section 214(e)(2) of the Communications Act of 1934, as amended
(the "Act"Y and Sections 54.101 through 54.207 of the Rules of the Federal Communications
Commission ("FCC"),z and the rules and regulations of the Idaho Public Utilities Commission
(the "PUC"), hereby applies to the PUC for designation as an Eligible Telecommunications
Carier ("ETC") throughout the Qwest Corporation ("Qwest") service territory (the "Designated
Service Area") for the purpose of receiving federal universal service support.3 The Applicant is
seeking only low income support, and is not requesting high cost support. As demonstrated
below, BLC satisfies all of the statutory and regulatory requirements for designation as an ETC
in the Designated Service Area. Furthermore, designation of BLC as an ETC in the Designated
Service Area will serve the public interest. Accordingly, BLC respectfully requests that the PUC
grant this Application.
47 U.S.C. § 214(e)(2).
47 C.F.R. §§ 54.101-54.207.
A list of each wie center which the Applicant is requesting ETC status in the State of Idaho is attched
hereto as Exhibit 1.
All correspondence, communications, pleadings, notices, orders and decisions relating to
this Application should be addressed to:
Lance J.M. Steinhart
Lance lM. Steinhart, P.C.
Attorney for Applicant
1720 Windward Concourse, Suite 115
Alpharetta, Georgia 30005
[phone] (Phone)
[phone] (Fax)
E-Mail: IsteinhartßYtelecomcounseLcom
i. Background
1. BLC is a Tennessee limited liability company4 and is authorized to conduct
business as a foreign limited liability company with the State of Idaho.Copies of the
Applicant's Aricles of Organization and authority to transact business in the State of Idaho are
on file with the PUC and incorporated herein by reference. The Applicant is authorized to
provide competitive local exchange services throughout Idaho (Docket No. BLC-T-08-01).
The principal offce of the Applicant is located at 11121 Highway 70, Suite 202, Arlington,
Tennessee 38002. The telephone number of the Applicant is [phone]. The Applicant will
provide local exchange and exchange access services in the Designated Service Area using a
combination of resale and unbundled network elements, or unbimdled network equivalents
("UNEs") obtained through interconnection agreements that allow end-to-end switching and
delivery of calls.
2. As set forth in Section 214( e )(2) of the Act, the Commission "shall upon its own
motion or upon request designate a common carrer that meets the requirements of (Section
214(e)(1)J as an eligible telecommunications carrer for a service area designated by the State
BLC was organized in the State of Tennessee on February 23,2001.
2
commission."5 Upon designation as an ETC, the carer shall be eligible to receive universal
support in accordance with Section 254 of the Act.6
3. The requirements for designation as an ETC set forth in Section 214(e)(1) are that
the carrier must:
(a) offer the services that are supported by Federal universal support
mechanisms under section 254( c), either using its own facilities or a
combination of its own facilities and resale of another carer's services
(including the services offered by another eligible telecommunications
carrier); and
(b) advertise the availability of such services and the charges therefore
using the media of general distribution.?
II. BLC Satisfies the Requirements for Designation as an ETC to Serve the Designated
Service Area
4. BLC is a common carer as that term is defined in the Act. 8 The Applicant
provides competitive local telecommunications services in the Designated Service Area pursuant
to Docket No. BLC-T-08-01 referenced above.
5. BLC will offer all of the supported services enumerated under Section 254(c)
using facilities obtained as UNs, or the equivalents thereof. According to FCC Rules, facilities
obtained as UNEs satisfy the requirement that an ETC provide the supported services using
6
47 U.S.c. § 214(e)(2); see 47 C.F.R. § 54.201(b) (FCC Rules citing the Act's requirements).47 V.S.c. § 214(e)(1). .
¡d.
See 47 V.S.c. § 153(10) ("the term 'common carrier' or 'carrier' means any person engaged as a common
carrier for hire, in interstate or foreign communication by wire or radio or in interstate or foreign radio transmission
of energy. . . .).
3
either its own facilities or a combination of its own facilities and resale of another carer's
services.9 Accordingly, the Applicant satisfies the requirement set forth in Section 214(e)(1)(A).
6. The services that are supported by Federal universal support mechanisms under
section 254(c) are enumerated in the rules of the Federal Communications Commission ("FCC")
at 47 C.F.R. § 54.101(a)(1)-(9). These services are:
(a) Voice grade access to the public switched network. "Voice grade
access" is defined as a functionality that enables a user of telecommunications
services to transmit voice communications, including signaling the network
that the caller wishes to place a call, and to receive voice communications,
including receiving a signal indicating there is an incoming call. For the
purposes of this part, bandwidth for voice grade access should be, at a
minimum, 300 to 3,000 Hertz. Applicant meets this requirement by
providing voice-grade access to the public switched telephone network. All
customers of Applicant are able to make and receive calls on the public
switched telephone network within the specified bandwidth;
9 Section 54.20l(f) of the FCC's Rules states, "(fJor the puroses of this section, the term 'own facilities'
includes, but is not limited to, facilities obtained as unbundled network elements pursuant to Part 51 of this chapter,
provided that such facilities meet the definition of the term 'facilities' under this subpart." 47 C.F.R. § 54.201(f).
The term "facilities" under Section 54.201 is defined as "any physical components of the telecommunications
network that are used in the transmission or routing of the services that are designated for support pursuant to
subpart B of this part." 47 C.F.R. § 54.201(e). BLC's use ofUNEs, including § 251 loops, or equivalents thereof,
commingled with § 271 elements provided pursuant to an agreement fied with the Commssion pursuant to § 252,
meets this definition of "facilities."
4
(b) Local usage. "Local usage" means an amount of minutes of use of
exchange service, prescribed by the FCC, provided free of charge to end
users. Applicant includes specified quantities of usage in its rate plans and
thereby complies with the requirement. It is important to note, that curently,
there is no specific rule that requires an ETC to include any particular amount
of local usage;
(c) Dual tone multi-frequency signaling or its functional equivalent.
"Dual tone multi-frequency" (DTMF) is a method of signaling that facilitates
the transportation of signaling through the network, shortening call set-up
time. Applicant provides DTMF signaling to its customers, which is the
equivalent of that offered by the incumbent LEC to its customers;
(d) Single-party service or its functional equivalent. "Single-pary
service" is telecommunications service that permits users to have exclusive
use of a wireline subscriber loop or access line for each call placed, or, in the
case of wireless telecommunications carers, which use spectru shared
among users to provide service, a dedicated message path for the length of a
user's particular transmission. Applicant meets the requirement of single-party
service by providing a dedicated message path for the length of all customer
calls;
(e) Access to emergency services. "Access to emergency services"
includes access to services, such as 911 and enhanced 911, provided by local
governents or other public safety organizations. 911 is defined as a service
that permits a telecommunications user, by dialing the three-digit code "911,"
5
to call emergency services through a Public Service Access Point (PSAP)
operated by the local governent. "Enhanced 911" is defined as 911 service
that includes the ability to provide automatic numbering information (ANI),
which enables the PSAP to call back if the call is disconnected, and automatic
location information (ALI), which permits emergency service providers to
identify the geographic location of the callng party. "Access to emergency
services" includes access to 911 and enhanced 911 services to the extent the
local governent in an eligible carer's service area has implemented 911 or
enhanced 911 systems. Through its agreements with Qwest, Applicant
currently provides its subscribers access to 911 emergency services, and also
provides Enhanced 911 services including Phase I and Phase II E911 services
where requested by local public safety authorities ready to receive the
information and where the local exchange carrer supports such services;
(f) Access to operator services. "Access to operator services" is
defined as access to any automatic or live assistance to a consumer to arrange
for billng or completion, or both, of a telephone call. Operator services are
offered by Applicant;
(g) Access to interexchange service. "Access to interexchange
service" is defined as the use of the loop, as well as that portion of the switch
that is paid for by the end user, or the functional equivalent of these network
elements in the case of a wireless carrer, necessar to access an
interexchange carrier's network. Applicant provides long distance access to
its customers;
6
(h) Access to directory assistance. "Access to directory assistance" is
defined as access to a service that includes, but is nqt limited to, making
available to customers, upon request, information contained in directory
listings. Applicant provides access to directory assistance to its customers;
and
(i) Toll limitation for qualifying low-income consumers. Toll
limitation for qualifying low-income consumers is linked to participation in
the Lifeline program, which Applicant will participate in and offer upon
designation as an ETC. Applicant wil use the appropriate toll limitation
technology to provide this required service at no additional charge to Lifeline
customers.
7. Upon certification as an ETC, BLC wil paricipate in, and offer LifeLine and
Link-Up programs to qualifying low-income consumers and publicize the availability of Lifeline
and Link-Up services in a maner reasonably designed to reach those likely to qualify for those
services, as required by FCC Rules. to The FCC has concluded that even pure resellers may
qualify as an ETC and properly use universal service support for the purposes for which it was
intended by offering reduced price Lifeline service.
i i
8. BLC will advertise the availability of the above-referenced services and the
charges for those services in the Designated Service Area using media of general distrbution, as
required by FCC Rules. 12
10 See 47 C.F.R. §§ 54.401-54.417; 54.405(b) & 54.411(d).
See Federal-State Joint Board on Universal Service, Petition ofTracfone Wireless, Inc., 20 FCC Rcd
15095 (2005) (finding that because Lifeline support is customer-specific and is directly reflected in the price that the
eligible customer pays, it is impossible for any carrier to receive a double recovery of the support).12 See 47 C.F.R. §§ 54.201(d)(2).
II
7
III. Area for Which ETC Certfication Is Requested
9. BLC will serve the exchanges where it leases UNs or resells the services of the
non-rural telephone companies in the Designated Service Area. BLC does not seek certification
as an ETC in any areas served by rural telephone companies.
iv. Granting BLC's Application Wil Serve the Public Interest
10. Congress requires that the PUC grant competitive ETC applications in non-rural
areas.13 No specific public interest test is mentioned, as is the case for areas served by rural
telephone companies.
14 Thus, the Act provides that the PUC "shall" designate BLC as an ETC
upon finding that the company meets the nine-point list of services and that it agrees to advertise
the supported services throughout the Designated Service Area. Notwithstanding, the
designation ofBLC as an ETC wil serve the public interest.
11. BLC will anounce and advertise telecommunications services as an ETC where
it provides service in its Designated Service Area in Idaho and wil publicize the availability of
Lifeline and Link-Up services in a maner reasonably designed to reach those likely to qualify
for those services. Accordingly, more low-income Idaho residents wil be made aware of the
opportunities afforded to them under the Lifeline and Link-Up programs and wil be able to take
advantage of those opportunities by subscribing to BLC's service. . BLC advertises its services
through several different media of general distribution including (but not limited to) marketing at
targeted retail locations, including rent-to-own centers, as well as advertisements via television,
radio, newspapers and trade magazines.
IJ
14
See 47 US.c. 214(e)(2).
See ¡d.
8
Since BLC's service is of paricular interest to credit-challenged customers-many of
whom are low income-who generally canot obtain service from the incumbent carrer, the
granting of ETC status is clearly in the public interest; access to Lifeline and Link-Up programs
can be critically important to a significant portion of the eligible low income consumers. To
Applicant's knowledge, Lifeline and Link-Up services are not being suffciently advertised and
made available to eligible low income consumers in the Designated Service Area. BLC will
provide universal service as an ETC in all of its Designated Service Area.
12. BLC is wiling to accept carer of last resort obligations throughout the universal
service areas in which BLC is designated as an ETC by the PUC.
13. BLC is aware that it may seek USF funding only with respect to those customers
that it serves through the use of its own facilities (including unbllndled network elements or
equivalent facilities).
14. BLC will provide equal access to interexchange service.
15. Under FCC guidelines, an ETC Applicant must submit a five-year plan that
describes with specificity proposed improvements or upgrades to the applicant's network on a
wire center-by-wire center basis throughout its proposed Designated Service Area. The only
circumstance warranting deviation from this requirement is where an applicant's requested ETC
serving terrtory would qualify it to receive no "high cost" USF support, but only "low income"
USF support. Because BLC seeks ETC designation solely for purposes of reimbursement for
provision of subsidized Lifeline and Link-Up services to eligible customers, submission of a
Five- Y ear Network Improvement Plan is not required at this time. Since Lifeline support is
designed to reduce the monthly cost of telecommunications services for eligible consumers, and
9
is distributed on a per-customer basis and is directly reflected in the price that the eligible
customer pays, it is assured that all support received by the carrier is used to provide Lifeline
services to consumers, thus promoting Lifeline and the availability of telephone service to low
income users, which is clearly in the public interest.
16. Applicant offers a local usage plan comparable to the one offered by the
incumbent LEC in the service areas for which it seeks designation. Applicant offers a local
usage plan with unlimited calling within the customer's local calling area for a flat monthly fee
with the same calling scope as Qwest.
17. Under FCC guidelines, an ETC Applicant must demonstrate that it wil satisfy
applicable consumer protection and service quality standards. 47 CFR §54.202(a)(3); see In the
Matter of Federal-State Joint Board on Universal Service, Report and Order, CC Dkt. No. 96-
45, 20 FCC Rcd 6371, para. 28 (2005) (FCC ETC Order). Applicant wil satisfy all such
standards. As part of its certification requirements for providing local exchange services,
Applicant must abide by the service quality and consumer protection rules. In addition,
Applicant commits to reporting information on consumer complaints per 1,000 lines on an
annual basis consistent with the FCC ETC Order. Applicant in general commits to satisfying all
such applicable state and federal requirements related to consumer protection and service quality
standards.
18. Under FCC guidelines, an ETC Applicant must demonstrate its ability to remain
functional in emergency situations. 47 CFR §54.202(a)(2); see FCC ETC Order at para 25.
Applicant provides to its customers the same ability to remain functional in emergency situations
as currently provided by Qwest to its own customers, including access to a reasonable amount of
10
back-up power, rerouting of traffic around damaged facilities, and the capability of managing
traffic spikes resulting from emergency situations.
19. Under FCC guidelines, an ETC Applicant must commit to provide service
throughout its proposed designated service area to all customers makng a reasonable request for
service. FCC ETC Order at Para 22; 47 CFR §54.202(a)(1)(i). Applicant commits to provide
service throughout its proposed ETC-designated service area to all customers making a
reasonable request for service.
20. Applicant's account is current with the FCC in regards to regulatory fees; and its
account is current with the Universal Service Administrative Company in regards to. universal
service contributions. The Applicant is aware that there may be an audit of the use of universal
service funds and that the eligible telecommunications service designation is reviewed anually
by state commissions.
21. Applicant has been designated an ETC by the Alabama Public Service
Commission, the Ilinois Commerce Commission, Kentucky Public Service Commission,
Louisiana Public Service Commission, North Carolina Public Utilities Commission, New
York Public Service Commission and Public Utilty Commission of Texas. No state has denied
any ETC petition fied by Applicant, nor have any such petitions been withdrawn. Applicant has
petitions for ETC status pending in states of California, Mississippi, New Jersey, South Carolina
and Tennessee.
22. By this application, Applicant hereby asserts its willingness and ability to comply
with all the rules and regulations that the PUC may lawfully impose upon Applicant's provision
of service contemplated by this application.
11
23. Upon PUC request, Applicant is prepared to answer questions or present
additional testimony or other evidence about its services within the state.
iv. Relief Requested
For the foregoing reasons, BLC respectfully requests that the PUC grant its
application and designate the Applicant as an ETC in the Designated Service Area.
fJJtb ,2009.
By:
Lance . Steinhar, Esq.
Lance J.M. Steinhart, P.C.
1720 Windward Concourse, Suite 115
Alpharetta, Georgia 30005
[phone] (Phone)
[phone] (Fax)
IsteinharßYtelecomcounseLcom (E-mail)
12
State of Tennesse )
)
)County of Shelby
Cerification
I, Kevi Womack, cerify tht I am the company offcer/employee responsible for ths reqst
and tht I have exaedformulted the foregoing request. To the best of my knowlede,
informtion and belief, all statements of fact contaed in said reest are corrt statements of
the business and affais of the reuestig caer with respect to each and every mattr set fort.
Dated:.; ¡;t 10'
~~KevmWomak
Magig Member
Subscribed and sworn to before me, a Nota Public in the State and County above named, th
~D dayof f~ 2009.- "'\\,,~
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IDET
Exhibit 1 Wire Centers
List of Exhibits
14
Exhibit 1 Wire Centers
15
~¡A¡ t;STUDY AREA CODE ¡lEC WIRE CENTER CLL!WIRE CENTER NAME
iO 475103 QWEST AFTNWYMA AFTON
iD 475103 QINEST Ätv'lFLlDMA AMERiCAN FALLS
ID 475103 QWEST ßLFTIDMA PI M',U-UUI
if)il ','.;OWEST ßLSSIDMA BLISS
iLi 475103 Q'NEST ßNCRIDMA BANCROFT
..j)475103 L1VVI=i51 BOISiOfv1A BOISE MAIN
iD 475103 QWEST BOISIDNW BQISE NORTHWEST
ii)475103 OW EST BOISIOS\¡V BOISE SOUTHWEST
10 475103 QWEST BOISIDWE ßOISEWEST
iO 475103 UVVI=~1 BRLYIOMA BURLEY
10 475103 QWEST BUHLlOMA BUHL
If)475103 QWEST CLWLlDMA CALDWELL
10 475103 QWEST CSFRIDMA CASTLEFORD
10 475103 QWEST DECLIDMA DECLO
if)475103 QWEST DWNYIOMA DOWNEY
ID 475103 QWEST DYTNIDI\ilA DAYTON
ID 475103 QWEST EAGLlDNM EAGLE
10 475103 QWEST EOHZIDMA EDEN-HAZEL TON
10 475103 QWEST mAA EMMETT
10 475103 QWEST FKLNIDMA FRANKLIN
10 475103 UVVt;01 FRTHIOMA FIRTH
in 475103 QWEST GDNGIOMA GOODING¡L/
i L)475103 Q\NEST GLFYIOMA GLENNS FEFmV
iD 475103 QWEST GRACIOMA GRACE
iO 475103 QWEST HALYIOMA HAiLEY
ID 475103 OWEST lMli HAGERMAN
Ii)475103 QWEST IDCYIOMA IDAHO CiTY
If"''475103 QWEST 10FlIDMA IDAHO FALLSIU
10 47'5103 QvVEST INKMIOMA INKOM
10 475103 QWEST JERMIONM JEROME
10 475103 OWEST KMßRIDtv1A KIMBERLY
iO 475103 QWEST KTCHIDf"lA KETCHUM
iO 475103 "" ,'-'-KUNAIDMA KUNA
ID 475103 OWEST LHSPIDMA LAVA HOT SPRINGS
iD 475103 OWEST LSMNIDMA ~-.ir-.,&
iD 475103 QWEST LSTNIDSH LEWiSTON SHERWOOD
iD 475103 QWEST MCCMiDMA MCCAMMON
ID 475103 QWEST MDTNIDMl\MIDDLETON
10 475103 OWEST MDVAUTMA MIDVALE
iD 475103 OWEST MELBIOMA MELBA
10 475103 QWEST MRDNIDMA MERIDIAN
ID 475103 QWEST MRTGIOMA MURTAUGH
ID 475103 QWEST MTHOIDMA MOUNTAIN HOME
ID 475103 QWEST MTHOIDSO MOUNTAIN HOME SOUTH
ID 475103 QWEST MTPLIDMA MQNTPELIER
IU 475103 ClWEST NMPAI0¡v1A NAMPA
ID 475103 QWEST NPMOIDMA NEW PLYMOUTH
li.J 475103 PCTLIDMA POCATI=LLO MAIN
10 475103 QWEST PCTLIONO POCATELLO NORTH
iD 475103 QWEST PSTNIDMA PRESTON
il)475103 OWEST PYTTHJMA PAYETTE
iD 475103 OWEST RBRT!DMA ROBERTS
if)475103 QWEST RGBY1DMA RIGBY
iD 475103 QWEST RIRHDMA RIRIE
iD 475103 OWEST RVSDIDMA RIVERSIDE
If)475'103 OWEST RXBGIDMA REXBURG
iL)475103 QWEST SDSPIDMA SODA SPRINGS
iD 475103 Q\NEST SHLYIDMA SHElLY
I fi 475103 OVVEST SHSHIDMA SHOSHONE-DIETRICH
If)475103 OWEST STARIDNM STAR
iD 475103 QWEST i H I "",W',"w THATCHER
IIJ 475103 QWEST TWFLIDMA TWIN FALLS
If)475103 OWEST WESRIDMA \/VEISER
II)475103 O\tJEST WNDLIDMA 'j\JEI\jDEL.L