20111107Application.pdf

ii Davis \lright
1:.. Tremaine LLP
Suite 2300
1300 SW Fift Avenue
Portland, OR 97201-5630¡:i:ci= f"1\1-Jt,"Alan Galloway
503,7785219 tel
503,778.5299fax
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alangalloway~dwtcom
November 4,2011
VIA UPS OVERNIGHT MAIL
Ms. Jean Jewell, Commission Secreta
Idaho Public Utilties Commission
P.O. Box 83720
472 West Washington
Boise, ID 83 720~007 4
CR/-1-/J-D/
Re: Cricket Communications, Inc.'s Application for ETC Designation
Dear Ms. Jewell:
On behalf of Cricket Communications, Inc., enclosed please find the Application of Cricket
Communications, Inc. for Designation as an Eligible Telecommunications Carier Pursuant to 47
U.S.C. § 214(e)(2) for the Idaho Public Utilities Commission's consideration.
Enclosed for filing is the original Application, seven copies, and a Stamp and Retu copy.
Please acknowledge receipt by date-stamping the extra copy of the Application and returing it
in the self-addressed stamped envelope provided.
Should you have any questions regarding this application, please contact me.
Very trly yours,
Davis Wright Tremaine LLP/4j
Alan J. Galloway
AJG/cap
Enclosures
DWT 18512735vl 0052215-002741
I Anchorage
Bellevue
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Washington, D.C.ww.dwt.com
Alan J. Galloway, OSB #083290
Mark P. Trinchero, OSB #088322
DAVIS WRIGHT TREMAINE LLP
1300 SW Fifth Avenue, Suite 2300
Portland, Oregon 97201-5630
Tel: [phone]
Fax: [phone]
alangalloway(fdwt.com
marktrinchero(fdwt.com
Attorneys for Cricket Communications, Inc.
RECEI n
2011 ~mv -1 M1 9: 38
ORIGINAL
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application of )
)
Cricket Communications, Inc. )
)
For Designation as an Eligible Telecommunications)
Carrer Pursuant to 47 U.S.C. § 214(e)(2) )
)
)
Case No. L r¿ / -7 -- i 1-0 1
APPLICATION OF CRICKET
COMMUNICATIONS, INC. FOR
DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS
CARRER PURSUANT TO
47 U.S.C. § 214(e)(2)
Cricket Communications, Inc. ("Cricket") respectfully submits this Application for
Designation as an Eligible Telecommunications Carrier ("ETC"), pursuant to 47 U.S.C. § 214(e) of
the Communications Act of 1934, as amended (the "Act"), and the ETC designation requirements
of the Idaho Public Utilties Commission ("Commission,,)1 for the purpose of receiving only low-
income Lifeline support from the federal Universal Service Fund ("USF"). Cricket would primarly
use its wil not seek access to funds from the USF for the purpose of providing service to high-cost
areas, nor does Cricket seek Link Up support in Idaho.2 Granting this Application would sere the
public interest because it would enable Cricket to bring its innovative telecommunications servces,
i See In the Matter of the Application ofWWC 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) (hereinafter "IPUC ETC Requirements Order').2 As discussed herein, because Cricket seeks only low-income progra support, and not high-cost support, ETC
designation requirements for the high-cost program do not apply to this petition.
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DWT l8l55084v6 0052215-002741
delivered over its own state-of-the ar network facilities in Idaho, to low-income Idaho residents that
may not be able to afford telephone service today. In support of this Application, the following is
respectfully shown:
I. INTRODUCTION
Cricket provides digital wireless services on a common carer basis, offering customers
unlimited callng at flat rates without requiring a fixed-term contract or a credit check. Directly and
through its affiliates, Cricket currently seres approximately 5.8 milion customers in 34 states, and
the Distrct of Columbia. Cricket is a Delaware corporation authorized to do business in Idaho.3
Cricket is authorized to deliver Commercial Mobile Radio Service ("CMRS") throughout the
requested ETC designation area pursuant to licensees) granted by the Federal Communications
Commission ("FCC,,).4
A. Commission's Authority
Under Sections 214(e) and 254 of the Act, the Commission is authorized to designate
Cricket as an ETC. Section 214(e)(2) ofthe Act requires state commissions to designate as an ETC,
throughout the service area for which ETC status is sought, any common carrer that: (i) offers
services that are supported by federal universal service support mechanisms; and (ii) adverises the
availability of such services.
B. Identification of the Servce Area.
Cricket seeks to be designated as an ETC in the rural and non-rural ILEC serice areas listed in
attached Exhibit A, excluding any portions of said service areas on trbal lands. Attached as Exhibit
B are three maps depicting Crickets' proposed designated serice areas in Idaho, and additionally
3 See Exhibit E, Certificate of Authority issued by the Idao Secretary of State in 2003, File No. C 150970.4 Cricket holds the following FCC licenses covering its Idao markets: WPOK575 - BT A050, WPRV980 - BTA050,
WPVP254-BTA250, WPOK602-BTA425, WQGD766-BEAI52, WQGD769-BEAI43 and
WQGD765 - BEAI42.
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DWT 18155084v6 0052215-002741
indicating Cricket's coverage within that proposed service area.5 Cricket's proposed ETC area
comprises several Frontier Communications Northwest wire centers near Coeur d Alene, several
CenturyLink wire centers near the Boise metropolitan area, Citizens Telecom's Parma non-rural
Para service area, and Farers' Mutual Telephone Company's rural Nu Acres service area.
Cricket is currently designated as an ETC in seven States: California, Oregon, Ilinois, Missouri,
Marland, Colorado and South Carolina.6
II. CRICKET SATISFIES THE STATUTORY AND REGULATORY PREREQUISITES
FOR DESIGNATION AS A FEDERAL ETC
Cricket satisfies each of the statutory and regulatory requirements set forth in the Act,7 the
FCC's Rules8, and Commission's rules, 9 and Idaho law.10 On March 17,2005, the FCC released its
ETC Requirements Order11 establishing additional requirements for carers seeking ETC
designation before the FCC. These additional requirements, however, are not binding on state
commissions. Following the FCC's action, the Commission then considered whether to adopt all
or some portion of the rules promulgated by the FCC, and issued its regulations governing petitions
for ETC designation in Order No. 29841.12 In this Petition, Cricket provides all of the information
required by the Commission pursuant to state and federal requirements.
In paricular, as discussed in more detail below, Cricket:
A. is a common carer (see 47 U.S.C. §§ 153(10), 214(e)(1), and 214(e)(6); 47
C.F.R. § 54.201(d));
5 Due to the nature of wireless service, these areas are not strctly identicaL. However, as this Commission has
unequivocally held, "(a)n ETC applicant is not required to demonstrate that it has the present or curent ability to serve
the entire service area." In the Matter of the Petition of Edge Wireless, LLC for Designation as an eligible
Telecommunications Carrier under 47 u.s.c. § 214(e)(2), Case No. EDG- T -07-01, Order No. 30360 at 11 (June 29,
2007).6 In addition, Cricket has an ETC application pending in Washington State.
747 U.S.C. § 214(e)(1)-(2).
847 C.F.R. § 54.201.
9 See IPUC ETC Requirements Order.
10 See, e.g., Idaho Emergency Communications Act, Idaho Code 31-4817.
II FCC ETC Requirements Order.
12 IPUC ETC Requirements Order.
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B. offers the nine services supported by federal universal service support
mechanisms as defined in 47 C.F.R. § 54.101(a) (see 47 U.S.C. §
214(e)(1)(A); 47 C.F.R. § 54.201(d)(1));
C. wil use its own facilities primarly to provide the supported serices (see 47
U.S.C. § 214(e)(1)(A); 47 C.F.R. § 54.201(d)(1));
D. wil provide the supported services throughout its designated service area,
including responses to requests for new serice in compliance with state and
federal rules (see 47 U.S.C. § 214(e)(1); 47 C.F.R. §§ 54.405, 54.201(d);
IPUC ETC Requirements Order, App., at 2);
E. wil advertise the availability and cost of its universal serice offerings using
media of general distrbution, specifically publicizing the availability of
Lifeline service (see 47 U.S.C. § 214(e)(I)(B); 47 C.F.R. § 54.201(d)(2);
IPUC ETC Requirements Order, App., at 1);
F. wil comply with tribal notification requirements (IPUC ETC Requirements
Order, App., at 2);
G. is able to remain functional in emergencies (IPUC ETC Requirements Order,
App., at 3);
H. is committed to consumer protection and service, including the CTIA Code
(IPUC ETC Requirements Order, App., at 3);
i. wil offer local usage plans, described herein, that compare favorably to those
of incumbent Local Exchange Cariers ("ILECs") (IPUC ETC Requirements
Order, App., at 3);
J. need not file inapplicable network improvement plans and progress reports
because Cricket does not seek high-cost support;
K. demonstrates herein that ETC designation is consistent with the public
interest, convenience, and necessity, and further that the public interest is met
by designation of Cricket in the designated serice area (IPUC ETC
Requirements Order, App., at 2).
A. Cricket is a common carrier.
Cricket is a "common carier" under 47 U.S.C. §§ 153(10), 214(e)(1), and 214(e)(6) for
puroses of ETC designation.
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B. Cricket offers the services and functionalities supported by the federal low-
income universal service program.
Section 214(e)(1) ofthe Act and Section 54.201 (d) of the FCC's rules provide that carriers
designated as ETCs shall, throughout their service area, (1) offer the services that are supported by
the federal universal service support mechanisms either using their own facilities or a combination
of their own facilities and resale of another carrier's services, and (2) advertise the availabilty of
such services and the charges therefore using media of general distribution.13 The services which
are supported by the federal USF are:
(1) voice grade access to the public switched telephone network;
(2) local usage;
(3) dual-tone multi-frequency signaling or its functional equivalent;
(4) single-pary service or its fuctional equivalent;
(5) access to emergency services;
(6) access to operator services;
(7) access to interexchange service;
(8) access to directory assistance; and
(9) toll limitation for qualifyng low-income consumers.14
Cricket provides all of the nine supported services in satisfaction of the requirements of Section
214(e)(1) ofthe Act as reflected in Commission Order No. 29841, Appendix, at A.2(a)-(i). Cricket
accepts the obligation to offer these supported services throughout its ETC designated area in the
state upon reasonable request in full compliance with the obligation of an ETC.
Voice Grade Access. "Voice grade access" permits a telecommunications user 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 that there is an incoming call. The FCC
has determined that voice grade access to the public switched telephone network means the ability
13 47 U.S.C. § 214(e)(1); 47 C.F.R. § 54.201 (d); see also Commission Order No. 29841, Appendix, at A,2(a)-(i).1447 C.F.R. § 54.101(a)(I)-(9).
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to make and receive calls with a minimum bandwidth of 300 to 3000 Hertz.15 Through its
interconnection agreements with local exchange carrers (LECs) in Idaho, Cricket's customers are
currently able to make and receive calls on the public switched telephone network within the
specified bandwidth.
Local Usage. "Local usage" is defined as an amount of minutes of use of exchange service,
as prescribed by the FCC, provided without an additional charge to end users.
16 For those carers
seeking ETC designation before the FCC, the carer must demonstrate that it offers at least one rate
plan that is comparable to the local usage plan ofthe ILEC serving the same area.
17 The FCC has
declined to adopt a specific local usage threshold; it instead requires that the local usage plan of an
ETC applicant be reviewed on a case-by-case basis. Similarly, the Commission's Order No. 29841
merely requires a description oflocal usage plans and a description ofthe local usage planes) ofthe
ILEC, but no specific threshold.
Cricket is committed to providing all its customers with valuable callng plans and believes
that its callng plans are comparable in value to those offered by the incumbent LECs. Callng plans
cannot be compared solely on price, but must also consider callng scope and the additional features
and functionalities offered. Cricket's current calling plans offer consumers numerous benefits
including the inherent mobile nature ofwire1ess service. All of Cricket's "local" usage plans
include unlimited local and long distance callng. Furthermore, customers can choose from among
plans that also provide unlimited domestic text, picture, and video messaging; data backup;
navigation; and call waiting, three-way callng, and voicemail.amongotherserices.Cricket.s
plans are superior to Frontier, FMTC, and CenturyLink plans that do not offer unlimited long-
15 Federal-State Joint Board on Universal Service, First Report and Order, 12 FCC Rcd 8776 (1997) ("First Report
and Order'), 'r'r63-64.
1647 C.F.R. §54.101(2).
17 See Federal-State Joint Board on Universal Service, Report and Order, 20 FCC Rcd 6371,6385 (2005); In the
Matter of Federal-State Joint Board on Universal Service, CC Docket No. 96-45, FCC 05-46, ,r 20 (2005).
PAGE 6 - APPLICATION OF CRICKET COMMUNICATIONS, INC.
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distance callng.
18 Cricket's additional featues, coupled with the mobile nature ofthe service,
make Cricket's offerings superior in many respects even to ILEC plans offering unlimited local and
long-distance callng. Such plans lack the Cricket plans' mobility and additional available features
described above.19
Summaries of Cricket's vared individual calling plans are attached as Exhibit C.20 All of
Crickets plans are inclusive oftaxes. All plans include free activation. The Basic $35 per month
plan offers unlimited local calls and unlimited long distance through the United States and Puerto
Rico, unlimited domestic text messaging, voice mail and caller ID. This entr-level plan is the only
Cricket plan not including unlimited 411 directory assistance. However, customers on the $35 per
month plan may purchase unlimited 411 service for an additional $5 per month, and may otherwise
use $1 in account funds per directory assistance call. The $45 Value plan includes all the items
above, while adding unlimited international text messaging, unlimited picture and video messaging
with capable phones, three-way calling, call forwarding, 41 1, navigation, and mobile web allowing
users to access the Internet. There are three $55 rate plans. One is the Muve Feature plan, which
has all the same features as the Value plan plus Muve Music services. The second is the Smar
Phone rate plan, which has all Value features noted above, plus Mobile Video Enterainment. The
third is the Mexico rate plan, which offers the Value features above, plus 500 Mexico landline
minutes and 30 Mexico mobile minutes each month. Finally, Cricket offers two $65 rate plans.
The Muve Smart plan combines the features of the Smar Phone and Muve Feature plans above.
The Global plan offers the Value features, plus 500 Global landline minutes and 30 Global mobile
minutes per month, allowing customers to call virtally anywhere in the world.
18 See the CenturyLink Home Phone plan described at http://ww.centurlinguote.com/phone.htmL. Frontier's
Premium Flat Rate Service plan described at htt://ww.frontier.com/products/ProductOverview.aspx?type=l&p=758
and descriptions ofFMTC service and long distace rates at http://online.fmtc.tbx.com.19 E.g., Frontier's Digital Phone Value plan, ww.frontier.com/products/ProductOverview.aspx?type=l&p=744.
20 See also htt://ww.mycricket.com/cricketplans/.
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Cricket's callng plans are attractive to low income customers. By offering unlimited voice
service at affordable rates starting as low as $35 per month without the typical strngs attached
(such as credit checks, long-term commitments, and early termination fees) that otherwise prevent
many economically disadvantaged customers from obtaining wireless serices.
The varety of plans Cricket offers benefits low-income customers, allowing them to pick the
features that they value. Any customer qualifyng for the Lifeline discount could apply the discount
to any of Cricket's plans.
Dual Tone Multi-frequency Signaling or its Functional Equivalent. "DTMF" is a method of
signaling that facilitates the transportation of call set-up and call detail information. DTMF makes
"touchtone" dialing possible by faciltating the transporttion of signaling through the network. The
FCC has recognized that "wireless carrers use out-of-band signaling mechanisms...(It) is
appropriate to support out-of-band signaling mechanisms as an alternative to DTMF signaling.,,21
Cricket currently uses out-of-band digital signaling and in-band multi-frequency signaling that is
the functional equivalent to DTMF signaling, in accordance with the FCC's requirements.
Single-pary Service. "Single-party service" permits the exclusive use of a paricular
subscriber loop or access line by a single subscriber. The FCC has determined that a CMRS
provider meets the requirement of offering single pary serice when it offers a dedicated message
path for the length of a user's particular transmission.22 Cricket meets the requirement of single-
pary service in all of its service offerings by providing a dedicated message path for the length of a
user's wireless transmission.
Access to Emergency Services. "Access to emergency service" means the abilty to reach a
public service answering point ("PSAP") by dialing "911". The FCC requires that a carrer must
21 Federal~State Joint Board on Universal Service, Report and Order, CC Docket No. 96-45, FCC 97-157
(May 8, 1997), ii 71 (hereafter "Universal Service Order").2247 C.F.R. § 54.101(a)(4); Universal Service Order, ii 62.
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provide access to enhanced 911 or "E911 ", which includes the capabilty of providing both
automatic numbering information ("ANI") and automatic location information ("ALI"), when the
PSAP is capable of receiving such information and the service is requested from the carrer.
23
Cricket currently provides its voice customers in the requested ETC area with E911 service
according to FCC requirements. Cricket is also capable of delivering ANI and ALI information
over its existing network and is in compliance with all applicable federal E911 requirements.
Access to Operator Services. "Access to operator services" means any automatic or live
assistance provided to a customer to arrange for the biling or completion, or both, of a telephone
caii?4 Cricket meets this requirement by providing access to operator services to its customers by
dialing "41 1".
Access to Interexchange Services. An ETC must offer consumers access to interexchange
serice to make and receive toll or interexchange calls. Cricket currently meets this requirement by
providing all of its subscribers with the ability to make and receive interexchange or toll calls.25
Cricket agrees to abide by this requirement consistent with the parameters of federal law.
Directory Assistance. "Access to directory assistance" means the ability to provide access
to a service that makes directory listings available.26 Cricket curently meets this requirement by
providing its customers access to directory assistance by dialing "411.,,27
Toll Limitation. "Toll limitation" includes the offering of either "toll control" or "toll
blocking" to qualifying low-income customers, as a means oflimiting or blocking the completion of
2347 C.F.R. § 20.180); Universal Service Order, ii 73.
2447 C.F.R. § 54.101(a)(6); Universal Service Order, ii 75.
25 Cricket notes that, in contrast to the FCC requirements, ths Commission does not require ETC applicants to make a
certification regarding equal access.2647 C.F.R. § 54.101(a)(8).
27 As described in the plan summares provided in ths petition and in Exhibit C, directory assistance is offered at an
additional charge of$2 per month for the rate plans set at $30, $35, and $40 per month; if that service is not purchased
in advance, then each call to directory assistance costs $1 under those plans. Directory assistace is included in the
bundled charge for the $45, $50, and $60 per month rate plans. This pricing is reflected in the callng plans attched as
Exhbit C.
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outgoing toll calls?8 An ETC is not required to provide both services if the carer is incapable of
providing both.29 The specific Lifeline callng plans that Cricket intends to offer do not distinguish
between local and toll calls. If for any reason Cricket changes that offer, it wil meet the toll
limitation requirement by providing toll blocking.
C. Cricket wil provide the supported services using its own facilties.
Cricket wil meet the requirement of 47 C.F.R. § 54.201 (d)(l) by offering the nine services
primarly using its own facilties. Cricket's own network infrastructure, which it wil use for
Lifeline customers, consists of the same antennae, cell-sites, towers, trnking, mobile switching and
interconnection facilities used to sere its existing customers. In limited instances, such as out-of-
area coverage and roaming coverage, provision of service wil utilze other carrer's services.
D. Cricket wil provide the supported services throughout designated service areas,
responding to service requests in compliance with applicable rules.
Cricket commits to provide the supported services throughout its designated service area,
consistent with all applicable requirements, including the FCC's ETC service provisioning
requirements found in 47 C.F.R. § 54.202 and the Commission's Order No. 29841. To the extent
that Cricket's network already covers a potential customer's premises, Cricket wil provide service
on a timely basis. For instances where a request comes from a potential customer within Cricket's
licensed serice area but outside its existing network coverage, Cricket wil provide service within a
reasonable period of time by: (1) modifying or replacing the requesting customer's equipment; (2)
deploying a roof-mounted antenna or other equipment; (3) adjusting the nearest cell tower; (4)
adjusting network or customer facilties; (5) resellng services from another carrier's facilties to
provide service; or (6) employing, leasing, or constructing an additional cell site, cell extender,
repeater, or other similar equipment. If Cricket determines that it canot reasonably sere a
2847 C.F.R. § 54.400(b)-(d); Universal Service Order, i¡82.
2947 C.F.R. § 54.400(d).
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consumer, then it wil report the unfulfilled request within thirty (30) days after making such
deterination.
E. Cricket wil advertise the availabilty of its universal service offerings and
charges for such offerings using media of general distribution.
Cricket commits to advertise the availability of, and charges for, the supported services
using media of general distribution. Cricket adverises its wireless services, and commits to
advertise the supported services, using a combination of media chanels such as television and
radio, newspaper, magazine and other print advertisements, outdoor advertising, direct marketing,
and Internet advertising. Cricket also advertises through retail stores and authorized agents in area
in which it seeks designation. Consistent with state and federal requirements, Cricket wil use
appropriate media outlets to advertise its universal service offerngs. Specifically, in compliance
with 47 C.F.R. § 54.201, Cricket wil advertise the availability of the supported services discussed
above and the rates and charges for the same in a maner designed to inform the general public, and
potential low-income customers in paricular, within its designated ETC service areas. This
advertising wil occur through some combination of media chanels, as described above. Cricket
plans to promote its Lifeline serice in Idaho primarly through print advertising, radio spots, in-
store displays, and direct outreach by Cricket to governent health, welfare and employment
offices and to community groups.
F. Cricket wil comply with this Commission's tribal notification requirements.
The Commission's Order No. 29841 requires that "An ETC applicant seeking ETC
designation for any part of tribal lands shall provide a copy of its application to the affected trbal
governent or tribal regulatory authority . . . ." Although one service area in which Cricket seeks
designation overlaps with the Coeur d' Alene Indian Reservation, Cricket neither seeks designation
in the portion of the serice area that is on Tribal lands, nor wil seek to provide Tier IV support.
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Cricket proposes that to ensure that it does not sere residents of tribal lands: First, Cricket wil not
advertise in zip codes located within trbal lands, and to the extent feasible, would work with the
Community Action Parnership Association of Idaho ("CAP"), which maintains the list of eligible
customers, to indicate that customers in such zip codes were not deemed eligible for Lifeline service
from Cricket. Based upon a federal map of Idaho trbal areas, also included in Exhibit D, Cricket
does not believe that its designation area encompasses any other part of trbal lands. Because
Cricket wil not offer Lifeline service on trbal lands, no further action by Cricket is needed to
comply with the Commission's tribal notification requirements.
G. Cricket is able to remain functional in emergencies.
Cricket satisfies the Commission's requirement that an ETC applicant demonstrate an ability
to remain functional in emergencies. First, Cricket maintains "a reasonable amount of back-up
power to ensure functionality without an external power source.,,30 Specifically, Cricket has at
least four hours of back up battery power at all of its cell sites in Idaho in case exteral power
sources are lost, e.g., in the event of a commercial power outage. In addition, Cricket has at least
eight hours of back up batter power and generators at each switch. Cricket is committed to
maintaining reasonable back-up power at all cell sites and switches within the areas where Cricket
is seeking ETC designation, including new sites or switches that may be constrcted in the future.
Second, Cricket "is able to re-route traffic around damaged facilties, and is capable of
managing traffic spikes resulting from emergency situations." 31 Cricket's network is designed,
maintained and operated in a maner intended to ensure continued fuctioning in emergency
conditions in compliance with this requirement. Cricket owns and operates many facilities in Idaho,
and has the ability to re-route traffc from damaged facilities to other Cricket facilities if needed.
30 IPUC ETC Requirements Order, App. at 3.
31 IPUC ETC Requirements Order, App. at 3.
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Additionally, in the event of a damaged cell site, customers wil retain service where additional sites
provide overlapping coverage, and Cricket has the ability to deploy mobile cell sites and power
sources to areas where needed to avoid significant interrptions in coverage.
H. Cricket is committed to consumer protection and the CTIA Code.
Consistent with the FCC's ETC Report and Order and this Commission's requirements,
Cricket wil abide by the Cellular Telecommunications and Interet Association's Consumer Code
for Wireless Service ("CTIA Code,,).32 Cricket has already adopted the CTIA Code and is
committed to compliance with the CTIA Code throughout its service areas, including in those areas
where it is seeking designation as an ETC.
As it does today, Cricket agrees to use its best efforts to resolve complaints received by the
Commission, and designates the following contact person to work with the Commission's
Consumer Services Division for complaint resolution: Bil Smith, Corporate Relations Supervisor,
Cricket Communications, Inc., 6380 South Fiddlers Green Circle, Greenwood Vilage, CO 80111,
[phone], governmentinquiry~cricketcommunications.com.
I. Cricket is committing to provide new service upon reasonable request.
Cricket commits that if a request is made by a potential customer within its existing network
coverage, Cricket wil provide serice immediately using its standard customer equipment
(handsets/wireless devices). If a potential customer requests service within Cricket's designated
area, but outside its existing network coverage, Cricket wil follow the six-step process specified in
47 C.F.R. 54.202(a)(1)(A). Specifically, Cricket wil deterine if service can be provided at
reasonable cost by (a) modifying or replacing the requesting customer's equipment; (b) deploying a
roof-mounted antenna or other equipment; (c) adjusting the nearest cell tower; (d) adjusting network
or customer facilties; (e) reselling services from another carrier's facilties to provide service; or (f)
32 See 47 C.F.R. § 54.202(a)(3); IPUC ETC Requirements Order, App., at 3.
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employing, leasing or constrcting an additional cell site, cell extender, repeater, or other similar
equipment.
J. Requirements concerning network improvement plans and progress reports are
inapplicable because Cricket does not seek high-cost support.
Because Cricket seeks only low-income support, the requirement of providing a network
improvement plan does not apply to this petition. As the Commission's Order No. 29841 confirms,
the requirement of a two-year network improvement plan concers high-cost support, which Cricket
does not seek. For example, the plan is to demonstrate "how signal quality, coverage, or capacity
wil improve due to the receipt of high-cost support," and specify ''the estimated amount of
investment for each project that is funded by high-cost support." Because Cricket does not seek
high-costs support, this requirement is inapplicable. Similarly, because Cricket is seeking Lifeline
support only, the annual recertification plan and progress report contemplated for recipients of high-
cost support should not be required. To the extent that the Commission needs to formally waive
these requirements, rather than to simply deem them inapplicable, Cricket hereby requests such a
waiver.
K. Designating Cricket as an ETC in the requested areas would not only be
consistent with, but would advance serve the public interest.
Under this Commission's rules, ETC applicants must demonstrate that designation is
"consistent with the public interest, convenience, and necessity." In the case of non-rural areas, the
applicant must demonstrate that ''the public interest will be met by an additional designation" in
rual areas.33 Because Cricket is not applying for high-cost universal service, no cream-skimming
analysis and no further redefinition of services areas is required. 34
33 IPUC ETC Requirements Order, App., at 2.
34 See In the Matter of Virgin Mobile USA, L.P. Petition for Forbearance from 47 u.s.c. § 214(e)(1)(A), CC Docket
No. 96-45, Order 09-18, ~ 39 n. 101 (March 5, 2009) (explaining that "we need not perform a creamskimming anlysis
because Virgin Mobile is seeking eligibilty for Lifeline support only") (hereinafter "Virgin Mobile Order').
PAGE 14 - APPLICATION OF CRICKET COMMUNICATIONS, INC.
DWT 18155084v6 0052215-002741
Cricket's designation an ETC would serve the public interest because Cricket not only meets
all of the requirements for ETC designation, but offers a unique combination of unlimited minutes,
attactive pricing, and advanced featues that would be delivered over Cricket's own world-class
Idaho facilities.
As explained above, Cricket meets all the ETC requirements. Cricket provides the
supported serices, commits to use its extensive facilities in Idaho to sere all consumers in the
designated serice area, would offer Lifeline service consistent with all applicable requirements,
and would advertise the availability of its universal service offerngs. Cricket's designation would
have no adverse impact the universal service fud, 35 but would instead advance the goal of
universal service. Indeed, Cricket's combination of features and Lifeline discounts uniquely serve
the goal of universal service by offering unlimited nationwide calling on a feature-rich mobile
device to those that could otherwise not afford such a service.
Designating Cricket would increase access to wireless telephone services in the designated
areas, and would thereby advance universal service.36 In rural areas, such as the Nu Acres wire
center for which Cricket seeks designation, the need to expand serice has been recognized both by
the FCC and this Commission. The FCC has stated:
Consumers in all regions ofthe Nation, including low-income consumers and those
in rural, insular, and high cost areas, should have access to telecommunications and
information services, including interexchange serices and advanced
telecommunications and information serices, that are reasonably comparable to
those serices provided in urban areas and that are available at rates that are
reasonably comparable to rates charged for similar services in urban areas. 37
35 Due to the curent FCC cap on universal service support payments to competitive cariers, Cricket's designation as an
ETC will not increase the federal unversal service fund.36 See 47 U.S.C. § 254(b).
3747 U.S.C. § 254(b)(3).
PAGE 15 - APPLICATION OF CRICKET COMMUNICATIONS, INC.
DWT 18155084v6 0052215-002741
In that same vein, the Commission has recognized the benefits of designating wireless carers as
ETCs in rural areas.38 Although rural telephone companies may resist the idea of increased
competition, the FCC recognizes that competition is beneficial in all areas-rual and high-cost:
We note that an important goal of the Act is to open local telecommunications
markets to competition. Designation of competitive ETCs promotes competition and
benefits consumers in rural and high-cost areas by increasing customer choice,
innovative services, and new technologies. ... (C)ompetition wil result not only in
the deployment of new facilities and technologies, but wil also provide an incentive
to the incumbent rural telephone companies to improve their existing network to
remain competitive, resulting in improved serice to Wyoming consumers
(consumers in the proposed ETC service area). In addition, we find that the
provision of competitive service wil facilitate universal service to the benefit of
consumers in Wyoming by creating incentives to ensure that quality services are
available at "just, reasonable, and affordable rates." 39
Designating Cricket would offer low-income consumers a competitive choice not already
available in the marketplace. Cricket offers Lifeline customers service that is not only very
affordable, but predictable, because each plan includes unlimited voice that eliminates the need to
purchase expensive additional minutes. In comparison to ILEC offerings, Cricket offers not only
competitive pricing, but mobility, expanded callng areas and new features and services. Cricket's
calling plans and substantial network infrastrcture sets Cricket apar from wireless carrers that
offer, or propose to offer, only limited minutes delivered by other carriers' networks.4o
Consumers win when carrers compete for their business, drving prices down, service
quality and coverage up, and causing companies to innovate with respect to featues. The
Commission's granting of Cricket's application wil enable Cricket to bring its innovative and
competitive services to economically depressed Idahoans for whom affordable wireless service is
38 See, e.g., In the Matter of the Petition of Edge Wireless, LLC for Designation as an eligible Telecommunications
Carrier under 47 u.s.c. § 214(e)(2), Case No. EDG-T-07-01, Order No. 30360 at 14 (June 29,2007).
39 In the Matter of the Federal-State Joint Board on Universal Service, Western Wireless Corp. Petition for Designation
as an Eligible Telecommuncations Carer in the State of Wyoming, CC Docket No. 96-45, Memorandum Opinion and
Order, DA. 00-2896, ii 17 (released December 26, 2000).
40 See, e.g., In the Matter of the Application ofTracFone Wireless, for Designation as an Eligible Telecommunications
Carrier, Case No. TFW-T-09-01, First Amended Application (fied March, 01, 2011), at 4 and 25 (offering Lifeline
customers a "free" plan including only 67 minutes with additional use cards priced at $0.20 per minute).
PAGE 16 - APPLICATION OF CRICKET COMMUNICATIONS, INC.
DWT 18155084v6 0052215-002741
more critical than ever. Cricket's low-priced, feature-rich mobile services are ideally suited for
helping hard-working individuals oflimited means stay connected to job opportities, medical
care, education, and family without worrng about limited minutes. Cricket believes that its plans
meet the needs of these customers better than plans offered by other carers, and looks forward to
offerng supported services in Idaho.
III. ANUAL RECERTIFICATION PROCESS
Cricket commits to comply with the annual certification requirements adopted by the
Commission's Order No. 29841, with the exception of the requirement to annually submit a
network improvement plan and progress reports on the use of high-cost fund. As explained above,
this requirement is inapplicable because Cricket does not seek high-cost support.
IV. LEGAL AUTHORITY
The Commission has the legal authority to grant the relief requested by the Applicant
pursuant to 47 U.S.C. §214(e)(2); 47 C.F.R. § 54.201.
V. RELIEF REQUESTED
For the reasons set fort above, and pursuant to Section 214(e)(2) ofthe Act, Cricket
requests that the Commission enter an Order designating Cricket as an ETC for the areas described
herein, holding that the network improvement plan and progress report requirements set forth in
Order No. 29841 are inapplicable and/or waived. Cricket respectfully asks that the Commission
enter this Order at the earliest possible date.
11/
/ II
PAGE 17 -APPLICATION OF CRICKET COMMUNICATIONS, INC.
DWT 18155084v6 0052215-002741
Dated this 4th day of November, 2011.
Respectfully submitted,
CRICKET COMMUNICA nONS, INC.BY.~l~DAVIS~IG~
1300 SW Fifth Avenue, Suite 2300
Portland, Oregon 97201
Alan J. Galloway, OSB #083290
Email: alangalloway(idwt.com
Phone: [phone]
Mark P. Trinchero, OSB #88322
Email: marktrinchero(idwt.com
Phone: [phone]
PAGE 18 - APPLICATION OF CRICKET COMMUNICATIONS, INC.
DWT 18155084v6 0052215-002741
Exhibit A
Proposed designated rural and non-rural ILEC service areas
PAGE 19 - APPLICATION OF CRICKET COMMUNICATIONS, INC.
DWT 18155084v6 0052215-002741
C[LI OCN Incumbent Exchange
FARMERS MUTUAL FARMERS MUTUAL
NUARIDXC TELEPHONE CO.TELEPHONE CO -ID NU ACRES
CLLI OCN Incumbent jlExchange •
CITIZENS TELECOM
IDAHO-FRONTIER FRONTIER
PARMIDXC COMM OF IDAHO COMMUNICATIONS PARMA
FRONTIER
COMUNICATIONS FRONTIER
BYVWIDXX NORTHWEST,INC.-ID COMMUNICATIONS BAYVIEW
RATE
FRONTIER CENTER
COMUNICATIONS FRONTIER NOT
CRALIDXX NORTHWEST,INC.-ID COMMUNICATIONS APPLICABLE
FRONTIER
COMUNICATIONS FRONTIER HAYDEN
HYLKIDXX NORTHWEST,INC.-ID COMMUNICATIONS LAKE
FRONTIER
COMUNICATIONS FRONTIER
RTHDIDXX NORTHWEST,INC.-ID COMMUNICATIONS RATHDRUM
FRONTIER
COMUNICATIONS FRONTIER
SPLKIDXX NORTHWEST,INC.-ID COMMUNICATIONS SPIRIT LAKE
FRONTIER
COMUNICATIONS FRONTIER
PSFLIDXX NORTHWEST,INC.-ID COMMUNICATIONS POST FALLS
RATE
CENTER
QWEST NOT
BOISIDMA CORPORATION QWEST APPLICABLE
QWEST
BOISIDNW CORPORATION QWEST BOISE
QWEST
BOISIDSW CORPORATION QWEST BOISE
QWEST
BOISIDWE CORPORATION QWEST BOISE
QWEST
CLWLIDMA CORPORATION QWEST CALDWELL
QWEST
EAGLIDNM CORPORATION QWEST BOISE
QWEST
EMMTIDMA CORPORATION QWEST EMMETT
QWEST
KUNAIDMA CORPORATION QWEST BOISE
PAGE 20-APPLICATION OF CRICKET COMMUNICATiONS,INC.
DWT 181 55084v6 0052215-002741
QWEST
MDTNIDMA CORPORATION QWEST BOISE
QWEST
MRDNIDMA CORPORATION QWEST BOISE
QWEST
NMPAIDMA CORPORATION QWEST NAMPA
QWEST
STARIDNM CORPORATION QWEST BOISE
PAGE 21-APPLICATION OF CRiCKET COMMUNICATIONS,INC.
DWT 18155084v6 0052215-002741
Exhibit B
Proposed ETC designation areas and Cricket’s signal coverage
PAGE 22-APPLICATION OF CRICKET COMMUNICATIONS,INC.
DWT 181 55084v6 005221 5M0274 I
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Exhibit C
Proposed Cricket calling plans
PAGE 26-APPLICATION OF CRICKET COMMUNICATIONS,INC.
DWT 18155084v6 0052215-002741
Calling
unlimited nationwide local calling
unlimited nationwide US long distance*
caller ID
voicemail
call waiting &3-way calling
call forwarding
Messaging
unlimited US text
unlimited US picture
unlimited US video
unlimited int’l text
unlimited int’l picturet
unlimited int’l videot
unlimited global messaging (includes all the
above)
More Features
mobile web
data backup &411
Muve Music
Mexico landline (included minutes)
Mexico mobile (included minutes)
Mexico local numbert
int’l landline (included minutes)
int’l mobile (included minutes)
global local numberl
unlimited international long distance
roaming (30 minutes)
Cricket navigator
handset protection
Cricket Wireless
$55 $65
*Unlimited US long distance includes calling to all 50 states,Puerto Rico,and Canada
t Launches October 30,2011
Muve Muve
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PAGE 27-APPLICATION OF CRICKET COMMUNICATIONS,INC.
DWT l8l55084v6 0052215-002741
Exhibit D
Map regarding tribal notification compliance
PAGE 28-APPLICATION OF CRICKET COMMUNICATIONS,INC.
DWT 18155084v6 0052215-002741
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Exhibit E
Certificate of Authority
PAGE 30-APPLICATION OF CRICKET COMMUNICATIONS,INC.
DWT 18155084v6 0052215-002741
State of Idaho
CERTIFICATE OF AUTHORITY
OF
CRICKET COMMUNICATIONS,INC.
File Number C 150970
I,BEN YSURSA,Secretary of State of the State of Idaho,hereby certify that anApplicationforCertificateofAuthority,duly executed pursuant to the provisions of theIdahoBusinessCorporationAct,has been received in this office and is found toconformtolaw.
ACCORDINGLY and by virtue of the authority vested in me by law,I issue thisCertificateofAuthoritytotransactbusinessinthisStateandattachheretoaduplicateoftheapplicationforsuchcertificate.
L4
SECRETARY OF STATE
By
PAGE 31-APPLICATION OF CRICKET COMMUNICATIONS,INC.
DWT 18155084v6 0052215M02741
J
Office of the Secretary of State
L
Dated:22 September 2003