20121220notice_of_application_order_no_32700.pdf

Office of the Secretary
Service Date
December 20,2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )OF BUDGET PREPAY,INC.DBA BUDGET )CASE NO.BPP-T-12-Ol
MOBILE FOR DESIGNATION AS AN )ELIGIBLE TELECOMMUNICATIONS )NOTICE OF APPLICATIONCARRIERPURSUANT47U.S.C.§214(e)(2).)
)NOTICE OF
)MODIFIED PROCEDURE
)
_______________________________
)ORDER NO.32700
On July 19,2012,Budget PrePay dba Budget Mobile filed an Application requesting
designation as an”eligible telecommunications carrie?(ETC)throughout the State of Idahofor the
limited purposes of receiving support from the federal Universal Service Fund (USF)’
Application at 2.Budget intends to provide wireless telecommunications services to eligible
low-income customers participating in the Idaho “Lifeline’program.The Lifeline program is
intended to provide telecommunications service to eligible low-income customers by using USF
revenues to make such services more affordable.Idaho participates in the residential Lifeline
program pursuant to Idaho Code §56-901.See Order No.21713.
THE APPLICATION
Budget PrePay is a Louisiana corporation authorized to conduct business within
Idaho.Budget is a commercial mobile radio services (CMRS)carrier licensed by the Federal
Communications Commission (FCC).Budget is a competitive local exchange carrier (CLEC)
that provides basic local exchange services and long-distance services in 42 states.Application
at 2.Budget asserts that it meets all of the requirements of Section 214(e)(l)of the federal
Telecommunications Act to be designated as an ETC.47 U.S.C.§214(3).More specifically,
Budget asserts it is able to provide the support services required for ETC designation,including
access to the public switch telephone network.local calling services,access to emergency
services,as well as access to operator services and directory assistance.1
In December 2011,the FCC amended the list of required services for ETC designation by removing dual tonesignaling,single-party service,and access to operator services,interexchange services,and directory assistance.IntheMatterofLfelineandLinkUpReJrmandModernization,Report and Order and Further Notice of ProposedRulemaking,27 F.C.C.Rcd.6656 atJ 365 (Feb.6,2012).
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32700 1
Budget intends to initially offer qualifying Lifeline customers a choice of two prepaid
calling plans.The first plan is a “talk &text’wireless plan that provides 4,000 minutes of
combined local/toll voice services and texting for $25.Each text will count as one voice minute.
The second plan is offered at no cost to the customer but limited to 250 minutes of local/toll
usage.Under the second plan customers may purchase additional minutes of usage.Application
at 16-17.Budget also proposes to offer its eligible Lifeline customers toll blocking and toll
control services.While these toll limitation services do not need to be offered for Lifeline
services,these services allow Budgefs customers to protect against unexpectedly larger bills.2
If approved for ETC designation,Budget intends to offer services using its own
facilities,or in combination with its own facilities and the resale of another carrie?s facilities.3
Id.at 4-5.In addition,it intends to advertise the availability of its services and related charges
using media of general distribution.Id.at 5.‘Budget will use a variety of media resources,
including point of sale material of various kinds,onsite merchandising,banners,customer direct
mail,customer brochures,television,and print media’Id.at 7.
Budgefs proposed ETC service area for Idaho is comprised of wire centers for both
non-rural and rural incumbent local exchange carriers (ILEC5).More specifically,Budget
proposes to provide ETC services in the CenturyLink and Frontier service areas,as well as in the
wire centers of several rural ILECs.Application,Exh.2.
Budget asserts that its ETC designation will be in the public interest.In particular,
Budget believes that providing “discounted wireless service in both rural and urban areas is
consistent with the public interest’Id.at 20.Budget’s two Lifeline plans will be provided to
eligible telecommunications customers “without the requisite credit check,deposit,service
activation fees,minimum service periods and contract requirements of the more traditional
wireless service providers’Id.at 21.Budget also commits to complying with any applicable
Lifeline eligibility requirements developed by the FCC,this Commission,or the Idaho
Legislature.Id.at 24-25.Consequently,Budget requests that the Commission designate it as a
wireless ETC throughout Idaho for the purpose of receiving federal USF support for Lifeline
services.Budget also requests that the Commission”either find inapplicable or waive [reporting]
2Seen.1 atJ 367.
Budget’s underlying wireless providers are Sprint and Verizon Wireless.Application at 13.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32700 2
requirements related solely to high-cost funding,including initial and annual provision of a
network improvement plan,provision of related progress reports,and [usage]certification ...of
high-cost funds’Id at 25-26.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the
public interest may not require a formal hearing in this matter and will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commissiorfs Rules of
Procedure,IDAPA 3 1.01 .01 .201 through .204.The Commission notes that Modified Procedure
and written comments have proven to be an effective means for obtaining public input and
participation.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission within
twenty-one (21)days from the service date of this Notice.The comment must contain a
statement of reasons supporting the comment.Persons desiring a hearing must specifically
request a hearing in their written comments.Written comments concerning this Application
shall be mailed to the Commission and the Applicant at the addresses reflected below:
Commission Secretary David Donahue
Idaho Public Utilities Commission Budget PrePay,Inc.
P0 Box 83720 1325 Barksdale Boulevard
Boise,ID 83 720-0074 Bossier City,LA 71111
E-Mail:daviddhudgetprepay.com
Street Address for Express Mail:
Thorvald A.Nelson
472 W.Washington Street Sara K.Rundell
Boise,ID 83702-5918 Holland &Hart LLP
6380 5.Fiddlers Green Circle,Suite 500
Greenwood Village,CO 80111
E-mail:tnelsonIthollandhart.com
sakrundell âho11andhart .com
Todd B.Lantor
Lukas,Nance,Gutierrez &Sachs
8300 Greensboro Drive,Suite 1200
McLean.VA 221 02
E—mail:tlantor(c7;fccla\v.corn
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32700
All comments should contain the case caption and case number shown on the first page of this
document.Persons desiring to submit comments via e-mail may do so by accessing the
Commission’s home page located at www.puc.idaho.gov.Click the Comments and Questions”
icon and complete the comment form using the case number as it appears on the front of this
document.These comments must also be sent to the Applicant at the e-mail addresses listed
above.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the time limit set,the Commission will consider this matter on its merits and
enter its Order without a formal hearing.If written comments are received within the time limit
set,the Commission will consider them and,in its discretion,may set the same for formal
hearing.
YOU ARE FURTHER NOTIFIED that the Application and supporting workpapers,
testimonies and exhibits have been filed with the Commission and are available for public
inspection during regular business hours at the Commission offices.The Application and
testimonies are also available on the Commission’s web site at wwv.puc.idaho.gov by clicking
on File Room”and then ‘Telephone Cases.”
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission’s jurisdiction under Title 62 of the Idaho Code and specifically
Idaho Code §62-610D.The Commission may enter any final Order consistent with its authority
under Title 62.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission’s Rules of Procedure,IDAPA 3 1.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that this case be processed under Modified Procedure.
Interested persons wishing to file comments must do so within 21 days from the service date of
this Order.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32700 4
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this LO
day of December 2012.
ATTEST:
ä7
MARSHA H.SMITH,COMMISSIONER
I
‘Jean D.Jewell (I
Commission Sécretary
bls/O:BPP-T-12-Oldh2
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32700
STONER
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