20161118notice_of_application_order_no_33640.pdf

Office of the Secretary
Service Date
November 18, 2016
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF BOOMERANG WIRELESS, LLC DBA )
ENTOUCH WIRELESS FOR DESIGNATION )
AS AN ELIGIBLE TELECOMMUNICATIONS )
CARRIER PURSUANT TO 47 U.S.C. § )
214(e)(2). )
)
) ___________________ )
CASE NO. BWL-T-16-01
NOTICE OF APPLICATION
NOTICE OF
MODIFIED PROCEDURE
ORDER NO. 33640
On August 8, 2016, Boomerang Wireless, LLC dba enTouch Wireless (enTouch or
the Company) filed an Application requesting designation as an "eligible telecommunications
carrier" (ETC) throughout the State of Idaho to provide Lifeline and tribal Lifeline services to
qualifying Idaho consumers. The Lifeline program is intended to provide telecommunications
service to eligible low-income customers by using Universal Service Fund (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
YOU ARE HEREBY NOTIFIED that enTouch is an Iowa limited liability company
authorized to conduct business within Idaho. enTouch is a commercial mobile radio services
(CMRS) carrier licensed by the Federal Communications Commission (FCC). enTouch sells
prepaid wireless telecommunications services through a "diverse network ... employ[ing]
Verizon, Spring, AT&T as well as other GSM [Global System for Mobile Communications]."
Application at 12. enTouch states that it will operate throughout Idaho, including certain tribal
areas. See id. at Exhibit A. enTouch 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).1
1 In December 2011, the FCC amended the list of required services for ETC designation by removing dual tone
signaling, single-party service, and access to operator services, interexchange services, and directory assistance. In
the Matter of Lifeline and Link Up Reform and Modernization, Report and Order and Further Notice of Proposed
Rulemaking, 27 F.C.C. Red. 6656 at 1365 (Feb. 6, 2012).
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 33640 1
YOU ARE FURTHER NOTIFIED that more specifically, enTouch asserts it is
entitled to limited ETC designation under 47 U.S.C. § 214(e)(2), which authorizes state
commissions to designate wireless ETCs. Id. at 15-16. The Company asserts that it: (1) is a
common carrier; (2) has the financial and technical capability to provide Lifeline service; (3)
commits and is able to provide services supported by federal universal support mechanisms; ( 4)
will advertise the availability of supported services in a manner reasonably designed to reach
those likely to qualify; (5) commits to provide service throughout its service area in Idaho; (6) is
capable of remaining functional in emergency situations; (7) is committed to consumer
protection and service; (8) will comply with all program uniform eligibility requirements; and (8)
will comply with requirements imposed by this Commission for ETC status. Id. at 7-16. The
Company also asserts that, upon designation, it will properly notify qualified tribal consumers
who are eligible for plans related to tribal subsidies.2 Id. at 23.
YOU ARE FURTHER NOTIFIED that the Company further states that granting it
ETC designation "is consistent with the public interest, convenience, and necessity" by making
Lifeline services available to Idaho consumers at rates that are "just, reasonable, and affordable."
Id. at 17 and 19. Specifically it contends that ETC designation is in the public interest because it:
(1) will compete with non-rural incumbent local exchange carriers (ILECs), increasing
competitive choice and pressure; (2) increase convenience, portability, and security for mobile
telephone service, (3) increase convenience of purchasing low-cost usage; ( 4) allow text
capability to users; (5) provide 911 and E911 (where available) according to FCC regulations;
(6) provide service to unserved or underserved rural and Native American populations; and (7)
provide domestic telephone toll calling, which, the Company asserts, will decrease the burden on
state regulators fielding consumer complaints due to unexpectedly large bills. Id. at 16-20.
YOU ARE FURTHER NOTIFIED that enTouch intends to offer qualified customers
one of three Lifeline Service Plans: (1) 500 Minute Plan; (2) 250 Free Unit Plan; and (3) Tribal
1100 Free Unit Plan. Id. at 20. The 500 Minute Plan would provide 500 voice minutes, 100
texts, and 10 MB of data. The 250 Free Unit Plan would include a free handset and would
2 enTouch states that a copy of this Application was sent to affected tribal governments or tribal regulatory
authorities as listed in Exhibit G to the Application. See id at 23.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 33640 2
provide 250 units ( 1 voice minute equals 1 unit and 1 text equals one unit) and 10 MB of data.3
The Tribal 1100 Free Unit Plan would include a free handset, with 1100 units that could be
utilized for voice and text (where 1 voice minute equals 1 unit and 1 text equals 1 unit). The
additional minutes offered under the Tribal plan is due to the additional $25.00 per month in
Lifeline support enTouch would receive based on qualifying low-income customers living on
Tribal lands.4 Id. at 22. The Company notes that all of its proposed plans would enable Lifeline
customers the capability of purchasing additional airtime to supplement their Lifeline plans in
the various denominations. Id. at 24.
YOU ARE FURTHER NOTIFIED that the Company acknowledges that, under 47
U.S.C. § 214(e)(l)(A) of the federal Telecommunications Act, ETCs must offer services, at least
in part, utilizing their own facilities. Id. at 15. However, enTouch invokes the FCC's 2012
Lifeline Reform Order, stating that the FCC, on its own motion in that Order, grants "Blanket
Forbearance" to "any telecommunications carrier that seeks limited ETC designation to
participate in the Lifeline program, conditioned on the ETC's compliance with certain 911
requirements and the ETC' s filing with and approval by the FCC of a compliance plan
describing the ETC's adherence to certain protections prescribed by the FCC." Id. at 12. The
Company attached its approved Compliance Plan as Exhibit D to the Application and, therefore,
seeks to proffer services only through resale of other carriers' facilities. Id. at 2.
YOU ARE FURTHER NOTIFIED that finally, enTouch asserts that it is only seeking
ETC designation for the sole purpose of offering telecommunications plans and services to
qualified low-income consumers and will not seek or accept high-cost support or on a "wireline"
basis, and, therefore, believes that "certification requirements related to the high-cost program
are ... not applicable to enTouch Wireless' application." Id. at 1-2, 25.
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 Commission's Rules
3 enTouch states that the 250 Free Unit Plan contains a Lifeline Upgrade Data Plan corollary, which would allow
relevant subscribers to add 250 MB of data per month. See id. at 22.
4 The Tribal Plan also has an upgrade option, from 100 MB of data to 500 MB. See id. at 23.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 33640 3
of Procedure, IDAPA 31.01.01.201 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
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Street Address for Express Mail:
472 W. Washington Street
Boise, ID 83702-5918
Thorvald A. Nelson
Holland & Hart LLP
6380 S. Fiddlers Green Circle, Suite 500
Greenwood Village, CO 801 II
E-mail: [e-mail]
J. Andrew Gipson
Jones Walker, LLP
190 E. Capitol Street, Suite 800 (39201)
P.O. Box 427
Jackson, MS 39205-0427
E-mail: [e-mail]
These 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 "Case Comment Form"
under the "Consumers" tab, and complete the comment form, using the case number as it appears
on the front of this document. These comments must also be e-mailed 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 exhibits have been filed
with the Commission and are available for public inspection during regular business hours at the
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 33640 4
Commission offices. These documents are also available on the Commission's website at
w,vw.puc.idaho.gov. Click on the "File Room" tab at the top of the page, scroll down to "Open
Telephone Cases," and then click on the case number BWL-T-16-01.
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 31.01.01.000 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.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of November 2016.
p
ERIC ANDERSON, COMMISSIONER
ATTEST:
O:BWL-T-16-01 SC
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 33640 5