20120719Amendment.pdf

Suite 2400j’DavisWright 1300 SW Filth
I...Tremaine LLP Alan J.Galloway
503.778.5219 tel
503.778.5299 fax
[e-mail]
-i’
July 18,2012
VIA UPS OVERNIGHT
Ms.Jean Jewell,Commission Secretary
Idaho Public Utilities Commission
472 W.Washington
P.O.Box 83720
Boise,ID 83720
Re:Application of Cricket Communications,Inc.to Amend Its Designation as an Eligible
Telecommunications Carrier
Case No.CRI-T-11-O1
Dear Ms.Jewell:
On behalf of Cricket Communications,Inc.,enclosed please find the Application of Cricket
Communications,Inc.to Amend Its Designation as an Eligible Telecommunications Carrier.The
Application contains Exhibits A,B and C.
Enclosed for filing is the original Application,seven (7)copies,and a Stamp and Return copy.
Please acknowledge receipt by date-stamping the extra copy and returning it to us in the self-
addressed stamped envelope provided.
Should you have any questions about this filing,please contact me.
Very truly yours,
Davis Wright Tremaine LLP
Alan J.lloway
AJG:cap
Enclosures
DWT 19948255v1 0052215-002741
Anchorage New York Seattle
Bellevue Portland Shanghai
I Los Angeles San Francisco Washington,D.C.www.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]
alangallowaydwt.corn
[e-mail]
Attorneys for Cricket Communications,Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application of
Cricket Communications,Inc.
to Amend Its Designation as an Eligible
Telecommunications Carrier
Case No.CRI-T-l 1-01
APPLICATION OF CRICKET
)COMMUNICATIONS,INC.TO
)AMEND ITS DESIGNATION AS AN
)ELIGIBLE TELECOMMUNICATIONS
)CARRIER
Pursuant to 47 U.S.C.§2 14(e)of the Communications Act of 1934,as amended (the “Act”),
and the requirements of the Idaho Public Utilities Commission (“Commission”),’Cricket
Communications,Inc.(“Cricket”)respectfully submits this Application to Amend Designation as an
Eligible Telecommunications Carrier (“ETC”).Cricket was designated an ETC in certain areas in
Idaho earlier in 20 12,2 and continues to expand its coverage area and facilities.Accordingly,
Cricket asks the Commission to expand its ETC designation area to allow Cricket to offer
affordable advanced telecommunications services to low-income Idaho customers outside the
current designation area,utilizing support from the federal Lifeline program of the federal Universal
‘See In the Matter of the Application of WWC Holding Co.,Inc.dba CellularOne Seeking Designation as an Eligible
Telecommunications Carrier That May Receive Federal Universal Service Support,Order No.29841,App.pp.1-3,
IPUC Case No.WST-T-05-1 (served August 4,2005)(hereinafter “JPUC ETC Requirements Order”).2 In the Matter of the Application of Cricket Communications,Inc.for Designation as an Eligible Telecommunications
Carrier,Case No.CRI-T-1 1-01,Order No.32501 (served March 27,2012)(hereinafter “Cricket ETC Designation
Order”).
APPL.OF CRICKET COMMUNICATIONS,INC.TO AMEND ITS ETC DESIGNATION
PAGE 1
)
)
)
DWT 19926326v1 0052215-002741
Service Fund (“USF”).Granting this Application would serve the public interest because it would
enable Cricket to expand the availability of innovative telecommunications services at discounted
prices to low-income residents of Idaho,thereby directly advancing the goals of universal service.
In support of this Application,the following is respectfully shown:
I.CRICKET AND ITS EXISTING ETC DESIGNATION
Cricket is a facilities-based carrier that provides digital wireless services on a common
carrier basis,primarily using its own state-of-the-art facilities.Directly and through its affiliates,
Cricket currently serves approximately 6.2 million customers in 34 states and the District of
Columbia.Cricket offers customers the benefits of unlimited calling at flat rates,without requiring
fixed-term contracts or credit checks.
Per the Commission’s Order No.32501,Cricket is already designated an ETC in the areas of
Idaho identified in attached Exhibit A.
II.CRICKET’S PROPOSED AMENDED DESIGNATION WOULD CONTINUE TO
SATISFY ALL STATUTORY AND REGULATORY REQUIREMENTS FOR ETC
DESIGNATION
Cricket seeks additional designation as an ETC in the service areas indicated in attached
Exhibit A,excluding any portions of said areas on tribal lands.With respect to the amended
designated area,Cricket will continue to satisfy each of the statutory and regulatory requirements
for ETC designation set forth in the Act,3 the FCC’s Rules4,Idaho statutes,and the Commission’s
rules.5 In particular,Cricket:
A.is a common carrier [see 47 U.S.C.§S 153(10),214(e)(1),and 214(e)(6);47
C.F.R.§54.201(d)];
47 U.S.C.§214(e)(1)-(2).
447 C.F.R.§54.20 1.
See IPUC ETC Requirements Order.
APPL.OF CRICKET COMMUNICATIONS,INC.TO AMEND ITS ETC DESIGNATION
PAGE 2
DWT 19926326v1 0052215-002741
B.offers the 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.will use its own facilities primarily to provide the supported services [see 47u.s.c.§214(e)(1)(A);47 C.F.R.§54.201(d)(1)];
D.will provide the supported services throughout its designated service area,
including responses to requests for new service 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.will advertise the availability and cost of its universal service offerings using
media of general distribution,specifically publicizing the availability of
Lifeline service [see 47 U.S.C.§214(e)(1)(B);47 C.F.R.§54.20 l(d)(2);
IPUC ETC Requirements Order,App.,at 1];
F.will comply with tribal notification requirements [IPUC ETC Requirements
Order,App.,at 2];6
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.will offer local usage plans,described herein,that compare favorably to those
of incumbent Local Exchange Carriers (‘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 service area [IPUC ETC
Requirements Order,App.,at 2];and
6 As explained in Cricket’s ETC application in docket CRI-T-l 1-0 1,although Cricket’s service area may overlap aportionoftheCoeurd’Alene Indian Reservation,Cricket does not seek designation on tribal lands,will not offer
Lifeline service on tribal lands or direct advertising to tribal lands,and will make reasonable efforts to avoid enrolling
customers on tribal lands.Accordingly,Cricket believes that no further action is needed to comply with the tribal
notification requirements set out in the IPUC ETC Requirements Order,which requires notification only for an ETC
applicant “seeking ETC designation for any part of tribal lands....“IPUC ETC Requirements Order,at 16.
APPL.OF CRICKET COMMUNICATIONS,INC.TO AMEND ITS ETC DESIGNATION
PAGE 3
DWT 19926326v1 0052215-002741
L.will continue to collect and remit applicable ITSAP and E-91 1 fees in
accordance with Idaho law [see Idaho Code §56-904 and 3 1-4804].
In February 2012,the Federal Communications Commission (“FCC”)granted Cricket
forbearance from the service area conformance requirement of section 21 4(e)(6)of the Act and
section 54.207(b)of the FCC rules.7 Subsequently,after the Commission’s approval of Cricket’s
ETC application,the FCC approved Cricket’s compliance plan.8 In light of the FCC’s forbearance
order and subsequent approval of Cricket’s compliance plan,Cricket is eligible for Lifeline-only
ETC designation in service areas that do not conform to that of an underlying rural telephone
company study area.Exhibit B depicts Crickets’proposed additions to its designated ETC area and
Cricket’s corresponding coverage.
III.AMENDING CRICKET’S DESIGNATION 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,and
that the public interest will be met by an additional designation in rural areas.9 Factors to be
considered include,without limitation,“the benefits to consumer choice,the unique advantages and
disadvantages of the applicant’s service offering,and where applicable,consideration of cream
skimming.”°With respect to these criteria,the same analysis under which the Commission
In the Matter of Telecommunications Carriers Eligible for Universal Service Support,Cricket Communications,Inc.Petition for Forbearance,WC Docket No.09-197,Order,DA-158,26 FCC Rcd at 13723,13726-27,¶11 1,9 (released
Feb.7,2012);see 47 U.S.C.§214(e)(5);47 C.F.R.§54.207(b).Those provisions generally require that,in the case ofanareaservedbyaruraltelephonecompany,a competitive ETC’s service area must be defmed as the rural telephone
company’s “study area”unless the study area has been redefined by the FCC and the Commission.
8 In the Matter of Telecommunications Carriers Eligible for Universal Service Support,Amended Petition of Cricket
Communications,lnc.for Designation as an Eligible Telecommunication Carrier,WC Docket No.09-197,DA 12-934
(rel.June 13,2012).In any case,Cricket’s FCC compliance plan approval,discussed herein,eliminates the need for
any such analysis.
IPUC ETC Requirements Order,at 14.
Id.Because Cricket is not applying for high-cost universal service,no cream skimming analysis is warranted.See In
the Matter of Virgin Mobile USA,L.P.Petition for Forbearancefrom 47 USC.§214(e)(1)(A),CC Docket No.96-45,
APPL.OF CRICKET COMMUNICATIONS,INC.TO AMEND ITS ETC DESIGNATION
PAGE 4
DWT 19926326v1 0052215-002741
recently granted ETC designation still applies.Cricket’s amended designation —like its original
designation —is in the public interest because it would increase the choice of discounted plans
available to low-income consumer in the newly designated areas.Cricket’s Lifeline plans offer a
unique mix of affordability,unlimited nationwide calling,and available advanced features.
Cricket’s currently available calling plans in Idaho are described in Exhibit C.Cricket makes the
Lifeline discount available to qualified customers on all of these calling plans.
In Order No.32501,the Commission approved Cricket’s ETC application.”Then,the
Commission stated:
“We find that designating Cricket as an ETC in the requested service areas
is consistent with ‘the public interest,convenience,and necessity.’The
Commission believes that granting ETC status to Cricket ‘will benefit
consumers by offering services of another competitor and may be
beneficial to eligible recipients of Idaho’s Telecommunications Service.”2
The Commission further found that “the public interest will be served by designating Cricket
as an ETC for both the non-rural and rural wire centers currently being served by ILECs.”3 With
respect to the FCC forbearance,the Commission noted that “Cricket has adequately demonstrated
that it is in compliance with or validly exempt,pursuant to its FCC Forbearance Order,from the
specific Idaho ETC requirements more fully described in Order No.20841 [the IPUC ETC
Requirements Order]at 21,Appendix 1 “a
Since Cricket launched its Lifeline services in Idaho,low-income consumers in Cricket’s
existing designated area have gained from increased consumer choice,Cricket’s state-of-the-art
facilities,and calling plans that combine unlimited nationwide calling and advanced features for as
Order 09-18,¶39 n.101 (March 5,2009)(explaining that “we need not perform a creamskimming analysis because
Virgin Mobile is seeking eligibility for Lifeline support only”)(hereinafter “Virgin Mobile Order”).
“Cricket ETC Designation Order,at 4,
12 Cricket ETC Designation Order,at 3,citations omitted.
13 Id.
14 Id.
APPL.OF CRICKET COMMUNICATIONS,INC.TO AMEND ITS ETC DESIGNATION
PAGE 5
DWT 19926326v1 0052215-002741
little as $21.50 per month,after discounts.Consumers in the proposed expanded area should be
allowed to reap the same benefits.
ANNUAL RECERTIFICATION PROCESS
Cricket will continue to comply with the applicable annual certification requirements
adopted by the Commission’s ETC Requirements Order.
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.
RELIEF REQUESTED
For the reasons set forth above,and pursuant to Section 21 4(e)(2)of the Act,Cricket
requests that the Commission enter an Order amending Cricket’s designation as an ETC to include
the additional areas identified in Exhibit A.Cricket respectfully asks that the Commission enter
said Order at the earliest possible date.
Dated this 18th day of July,2012.
Respectfully submitted,
CRICKET COMMUNICATIONS,INC.
BY:*%
DAVI IGHT TRE AINE LLP
1300 SW Fifth Avenue,Suite 2400
Portland,Oregon 9720 1-5630
Alan J.Galloway,OSB #083290
Email:a1angalloway(dwt.com
Phone:[phone]
Mark P.Trinchero,OSB #88322
Email:[e-mail]
Phone:[phone]
Attorneys for Cricket Communications,Inc.
APPL.OF CRICKET COMMUNICATIONS,INC.TO AMEND ITS ETC DESIGNATION
PAGE 6
DWT 19926326v1 0052215-002741
Exhibit A
Proposed designated rural and non-rural ILEC service areas (new and existing)
APPL.OF CRICKET COMMUNICATIONS,INC.TO AMEND ITS ETC DESIGNATION
PAGE 7
DWT I9926326v1 0052215-002741
Wire Center OCN
(CLLI)*Name Operating Company Category
ILEC NEWHMDLIDXC-HOMEDALE CITIZENS TELECOM IDAHO-FRONIIER COMM OF
IDAHO
MRNGIDXC MARSING CITIZENS TELECOM IDAI4O-FRNTIER COMM OF ILEC NEW
IDAHO
PARMIDXC PARMA CITIZENS TELECOM IDAHO-FRONTIER COMM OF ILEC
IDAHO
SWETIDXC SWEET CITIZENS TELECOM IDAI4O-IRN1iER COMM OF ILEC NEW
IDAHO
WLDRIDXC WILDER CITIZENS TELECOM IDAHO-FRONTIER COMM OF ILEC NEW
b IDAHO
FRLDIDXX FRUITLAND FARMERS MUTUAL TELEPHONE CO.ILEC NEW
NUARIDXC NU ACRES FARMERS MUTUAL TELEPHONE CO.ILEC
BYVWIDXX BAYVIEW FRONTIER COMUNICATIONS NORTHWEST,INC.-ID ILEC
CRALIDXX COEUR DALENE FRONTIER COMUNICATIONS NORTHWEST,INC.-ID ILEC
HYLKIDXX HAYDEN LAKE FRONTIER COMUNICATIONS NORTHWEST,INC.-ID ILEC
PSFLIDXX POST FALLS FRONTIER COMUNICATIONS NORTHWEST,INC.-ID ILEC
RTHDIDXX RATHDRUM FRONTIER COMUNICATIONS NORTHWEST,INC.-ID ILEC
SPLKIDXX SPIRIT LAKE FRONTIER COMUNICATIONS NORTHWEST,INC.-ID ILEC
BOISIDMA BOISE QWEST CORPORATION RBOC
BOISIDNW BOISE Q.WEST CORPORATION RBOC
BOISIDSW BOISE QWEST CORPORATION RBOC
BOISIDWE BOISE QWEST CORPORATION RBOC
CLWLIDMA CALDWELL QWEST CORPORATION RBOC
EAGLIDNM BOISE QWEST CORPORATION RBOC
EMMTIDMA EMMETT QWEST CORPORATION RBOC
KUNAIDMA BOISE QWEST CORPORATION RBOC
MDTNIDMA BOISE QWEST CORPORATION RBOC
MELBIDMA MELBA O.WEST CORPORATION RBOC NEW
MRDNIDMA BOISE QWEST CORPORATION RBOC
NMPAIDMA NAMPA O.WEST CORPORATION RBOC
NPMOIDMA NEW PLYMOUTH OWEST CORPORATION RBOC NEW
PYTTIDMA PAYETTE QWEST CORPORATION RBOC NEW
STARIDNM BOISE QWEST CORPORATION RBOC
WESRIDMA WEISER QWEST CORPORATION RBOC NEW
GLFYIDCO BOISE RIVER RURAL TELEPHONE CO.ILEC NEW
*Each wire center is included in its entirety.
APPL.OF CRICKET COMMUNICATIONS,INC.TO AMEND ITS ETC DESIGNATiON
PAGE 8
DWT I9926326v1 0052215-002741
Exhibit B
Map Showing Cricket’s Signal Coverage in Amended Designation Area
APPL.OF CRICKET COMMUNICATIONS,INC.TO AMEND ITS ETC DESIGNATION
EXHIBIT B,PAGE 1
DWT 19926326v1 0052215-002741
Idaho Vendors
Displaying OCN &CLU
Q a1lz!Thls1E1iDM DAHO.F 11GQDLM OFIDP4-iO
D FAREJ UT1ffiL 113J3H0’JEQD.
flDN11U MUNIcTINSNcRrHwE3t INC -ID
Q ovtsr ooiicN
APPL.OF CRICKET COMMUNICATIONS,INC.TO AMEND ITS ETC DESIGNATION
EXHIBIT B,PAGE 2
DWT 19926326v1 0052215-002741
APPE.OF CRICKET COMMUNICATIONS,INC.TO AMEND ITS ETC DESIGNATION
EXHIBIT B,PAGE 3
ISV
DWT 19926326v1 0052215-002741
Exhibit C
Cricket calling plan information
APPL.OF CRICKET COMMUNICATIONS,INC.TO AMEND ITS ETC DESIGNATION
EXHIBIT C,PAGE 1
DWT I 9926326 0052215-002741
CriqjqJ
$35 $45 I $55 $65
Calling
unlimited nationwide local
calling
unlimited nationwide US longdistance*
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 picture
unlimited int’l video
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 number
int’l landline (included minutes)
int’l mobile (included minutes)
global local number
unlimited international long
distance
roaming (30 minutes)
Cricket navigator
handset protection
*Unlimited US long distance includes calling to all 50 states,Puerto Rico,andCanada
APPL.OF CRICKET COMMUNICATIONS,INC.TO AMEND ITS ETC DESIGNATION
EXHIBIT C,PAGE 2
Muve MuveBasicValuelMexicoFeatureSmartGlobalSmart
Rate Plan Includes
x x x x x x
x
x
x
x
x
x
x
x
x
$5
NIA
x
x x
x x
x x
x x
x x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x x
x x
x x
x x
x x
x x
$5
x
x
x
x
x
x
x
x
x
x
x
x
x
x
$5
$5
NIA
x x
x
x
N/A
x x
x
x
N1A
500
x X
x x
x NIA
x
x
N!A
x
x
x
$5
$5
$10
$5
$5
$5
$5
$5
$10
$5
$5
$5
$5
$5
30 —
x $5
$5 $5
$10 $10
$5 $5
$5 NIA
$5
$5 $5
500 —
30 —
x $5
$10 $10
$5 $5
$5 N/A
$5 $5
$10
$5
N/A
$5
DWT l9926326v1 0052215-002741
fl4 %tlfl bIA I’flC crtlcet
:NP1000C SI,
:YS1[p a’iiui irii MIk’AtLLII-l[
_____________
UNLIMITED:ADD:UPGRADE TO:STAY IN TOUCH W IN FAMILY ABROAD CHOOSE UNLIMITED MUSIC;IDEAL FORTALK&TEXT UNLIMITEO API’S MEXICO OR GLOBAL LOCAL NL*IBER UNLIMrFEO BONG DOWN;.OAITS EMA•3GMOLEOATA
•RINGTONES&RINGRACII TONESLONODISTANCEFCLLWEIIMESCOORIIATU1NATIONAL WYRBROWBINO
VOICEMAIL VIDEO MESSAGING BROWSING LANOLB4E?(10 MN
TALL EXT 05i5FOAMING
4 3-WAYCALLING MOBILEEMAIL MESICOORINTERNATTONAL &3GMOBILE OATA VIDEOCALLERID•MO LE (30 MIN3
DATA BACKUP A +A N’GLOB L MESS DI
NO CONTRACTS FORMOREINFOPHATION NO HIDDEN FEES
APPL.OF CRICKET COMMUNICATIONS,1NC.TO AMEND ITS ETC DESIGNATION
EXHIBIT C,PAGE 3
DWT 19926326v1 0052215-002741