20150306Relinquishment .pdf

Nicole C. Hancock
Email: [e-mail]
STOEL RIVES r-rp
101 S Capitol Boulevard, Suite 1900
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner Cricket Communications, Inc.
l11 I -{."r l
il
!,,ilt t'-i
- i: nr,!'.] I il 3: 09
,-. i
irt l
'il.i,-:l_ .
; : l- ..-l
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application of
Cricket Communications, Inc.
For Designation as an Eligible
Telecommunications Carrier
Case No. CRI-T-I l-01
NOTICE OF RELINQUISHMENT
OF ETC STATUS IN IDAHO
Cricket Communications, Inc.l l"Cricket") respectfully requests relinquishment of its
Lifeline-only Eligible Telecommunications Carrier ("ETC") designation in Idaho pursuant to 47
U.S.C. $214(e)(a), 47 C.F.R. $54.205 and Idaho Code $62-610D4, effective April 30, 2015. In
support of its Petition, Cricket states as follows:
L Cricket is licensed by the Federal Communications Commission ("FCC") to
provide commercial mobile radio service ("CMRS") in Idaho. On March 13,2014,after
receiving appropriate approvals, including from the FCC,2 Cricket became a wholly-owned,
indirect subsidiary of AT&T Inc.
'Note, Cricket Communications, Inc. converted to Cricket Communications, LLC as a matter of Delaware law on
February 28,2015.
2 Applications of Cricket License Company, LLC et al., Leap Wireless International, Inc., and AT&T Inc. for
Consent to Transfer Control of Authorizations, Applicalion of Cricket License Company, LLC and Leap Licenseco
7 84 t 6349. | 02027 90 -00002
ORIGINAL
2. On March 27,2012,the Idaho Public Utilities Commission (ooCommission")
granted Cricket's request for designation as a Lifeline-only ETC in the state of Idaho. See Order
dated March 27 , 2012 in Case No. CRI-T- 1 1 -01 .
3. Cricket intends to relinquish its Lifeline-only ETC designation in all areas of
Idaho for which it is currently so designated, with such relinquishment to become effective on
April 30,2015.
4. Relinquishment of Cricket's Lifeline-only ETC designation will not affect the
amount of federal Lifeline support available to other ETCs in the state.
5. Cricket is entitled to relinquish its ETC designation pursuant to 47 U.S.C.
$21a(eXa) which states, in pertinent part:
A State commission...shall permit an eligible telecommunications
carrier to relinquish its designation as such a carrier in any area served
by more than one eligible telecommunications carrier. An eligible
telecommunications carrier that seeks to relinquish its eligible
telecommunications carrier designation for an area served by more than
one eligible telecommunications carrier shall give advance notice to the
State commission.. .of such relinquishment. Prior to permitting a
telecommunications carrier designated as an eligible telecommunications
carrier to cease providing universal service in an area served by more than
one eligible telecommunications carrier, the State commission. . . shall
require the remaining eligible telecommunications carrier or carriers to
ensure that all customers served by the relinquishing carrier will continue
to be served, and shall require sufficient notice to permit the purchase or
construction of adequate facilities by any remaining eligible
telecommunications carrier.
Id. (emphasis added)
The FCC rule essentially reiterates the same requirements in $214(e)(4) and states, in
pertinent part, that a "state commission shall permit" an ETC to "relinquish its designation as
such in any area served by more than one [ETC]." 47 C.F.R. $5a.205(a) and (b). The FCC rule
Inc. for Consent to Assignment of Authorization,Memorandum Opinion and Order, WT Docket No. l3-193, DA l4-
349 (rel. March 13,2014) ("Cricket Transfer Order").
7 84 t 6349. | 02027 90 -00002
also requires that the ETC "shall give advance notice to the state commission of such
relinquishment." Id. Finally, the FCC rules require State commissions to ensure that the
relinquishing ETC's customers will be served by the remaining ETC(s) and ensure sufficient
notice to permit the purchase and construction of facilities if necessary. Id.
6. Similarly, Idaho Code $62-610D4 allows an ETC to relinquish upon a finding
"that other eligible telecommunications carriers serving that service area are capable of and will
provide continuous service to customers served by the applicant."
7. The wire centers in Cricket's designated ETC area and the incumbent local
exchange carrier ("ILECs") currently serving those wire centers are identified in Exhibit A,
attached hereto. To the best of Cricket's knowledge, each of the wire centers identified in
Exhibit A is currently served by the ILEC which is an ETC. In addition, the Commission has
designated other competitive ETCs to provide Lifeline service within Cricket's current ETC
designated area. Competitive ETCs, including Lifeline-only providers, that provide service in at
least part of Cricket's designated service area, are identified in Exhibit B. As there is already at
least one other ETC in all areas in which Cricket is currently designated as an ETC, the
Commission is required by federal and state law to permit Cricket to relinquish its Lifeline-only
ETC designation.
8. To the best of Cricket's knowledge, no purchase or construction of facilities by
other carriers will be necessary.3 Because other ETCs currently serve the entire area in which
Cricket is designated as an ETC in Idaho, the Commission need not provide notice to those
carriers to permit them to purchase or construct facilities to ensure that Cricket's customers will
continue to receive service. In fact, post-relinquishment, Cricket customers will be able to
'+z u.s.c. g2ra(e)(a).
7 84t 6349. I 0202790-00002
receive service through New Cricket (another AT&T affiliate)a which offers competitive plans
that provide all consumers, including low-income consumers, a great value.
9. Cricket seeks to relinquish its Lifeline-only ETC designation effective April 30,
2015. Cricket requests the Commission issue an order granting Cricket's petition as soon as
possible, but no later than 30 days after the date of the filing of this application, so that Cricket
can provide ample notice to its customers and ensure an orderly transition.
10. Cricket is taking steps to mitigate the effect of relinquishment on its current
Lifeline customers and will ensure these customers receive ample notice of the change in their
Lifeline service. Cricket Lifeline customers are already migrating from Cricket's legacy CDMA
plans to the New Cricket's 4G GSM plans without the Lifeline credit. As of the end of February
2015, Cricket had fewer than 700 Lifeline customers within its ETC designated area in Idaho.
I l. Upon approval of the instant application, Cricket will notify each Lifeline
customer that it will no longer be an ETC. Cricket will offer each Lifeline customer the option
of transitioning to a competitively priced 4G GSM wireless calling plan offered by New Cricket.
Cricket will also inform each affected customer that a Lifeline discount can be obtained from the
remaining ETC(s) in the area and will provide the link to lifelinesupport.org, through which a
customer may obtain carrier-specific contact information. If a Cricket customer decides to
obtain service from another provider, there will of course be no early termination fee, as Cricket
customers are not subject to such fees. Exhibit C is a sample copy of the notification Cricket
intends to send via U.S. Mail to each of its Lifeline customers upon issuance of a relinquishment
order from the Commission, to be received no later than April 6, 2015. In addition, as Cricket
customers are most familiar with receiving information from Cricket via text message, Cricket
4 The affiliate through which Cricket GSM service is provided is Cricket Wireless, LLC. ("New Cricket"), formerly
known as Aio Wireless LLC. New Cricket, like Cricket, is a wholly-owned, indirect subsidiary of AT&T Inc.
7 84 t 6349. I 02027 90 -00002
will also send each Lifeline customer at least one text message no later than April 13,2015,
directing them to a website(s) with information about New Cricket's offers and alternative
Lifeline providers.
12. Cricket will continue to provide existing eligible Lifeline customers with the
Lifeline discount and claim reimbursement for the Lifeline discount until the effective date of
relinquishment.5 Cricket will not seek reimbursement for the Lifeline discount after the
relinquishment effective date.
In order to avoid customer confusion and assist with a smooth transition process,
Cricket will stop accepting new Lifeline applications after March 15,2015, and inform
potential customers inquiring about Lifeline of the pendency of this petition. This is
consistent with the approach taken in other jurisdictions.6 This will prevent a newly enrolled
Lifeline customer on Cricket's CDMA network from having to change to another Lifeline
provider shortly thereafter or having to change devices to receive GSM/LTE service from
New Cricket.
5 Pursuant to the Cricket Transfer Order, Cricket will continue to provide a discount equivalent to the Lifeline
discount to existing Lifeline customers until the earlier of such time as the customer voluntarily upgrades his or her
device, chooses another rate plan, suspends service, migrates to the New Cricket GSM platform, or until the sunset
ofthe CDMA network.
6 See Application of Sprint Nextel Corporation to Relinquish lts Designotion as qn Eligible Telecommunications
Carrier, Texas PUC Docket No. 40543, StaffMemo at2 (luly 25,2012)(Ms. Kimberly Scardino, Deputy Division
Chief, the FCC TAPD, stated in an email to Staff dated July 24,2012,that Staff s requirement that no new Lifeline
customers be enrolled in Sprint Nextel's Lifeline plan after the 90-day notices have been sent does not conflict with
Federal ETC requirements."); See also, Telecommunications Carriers Eligiblefor Support, Federal-State Joint
Board on Universal Service, WC Docket No. 09-197, CC Docket No. 96-45, 27 FCC Rcd 14215 (WCB 2012)
(approving Verizon Wireless's ETC relinquishment notice, which also informed the Commission that it would cease
enrolling new Lifeline customers prior to its relinquishment date). See also, Cricket's Notice of Relinquishment of
Eligible Telecommunications Canier Designations, WC Docket No. 09-197, CC Docket No. 96-45, filed with the
FCC on October 14,2014.
7 84 t 63 49. I 02027 90 -00002
DESIGNATED CONTACTS
All communications and correspondence relating to this Application should be sent
to:
For the foregoing reasons, Cricket respectfully requests that the Commission grant this
Application expeditiously allowing Cricket to relinquish its Lifeline-only ETC designation and
right to receive federal universal service funding in Idaho, effective April 30, 2015.
Respectfully submiued,
RESPECTFULLY SUBMITTED this 6'h day of March 2015.
John D. Sisemore
Director - Regulatory
AT&T Services,Inc.
162 Roseheart
San Antonia, TX 78259
Telephone: [phone]
Facsimile: 214-202-5076
E-mail : j ohn. [e-mail]
CONCLUSION
Nicole C. Hancock
Attomey
Stoel Rives LLP
l0l S. Capitol Blvd, Suite 1900
Boise, ID 83702
Telephone: [phone]
Facsimile: 208-389-9040
E-mail : [e-mail]
Cricket Communications, Inc.
Nicole C. Hancock
Attorney
Stoel Rives LLP
101 S. Capitol Blvd, Suite 1900
Boise, ID 83702
Telephone: [phone] I
Facsimile: 208-389-9040
E-mail: [e-mail]
7 84 I 63 49. I 02027 90 -00002
{iolrlA
-.-t
-x
rc
Exhibit A
EXHIBIT A
ILEC ETCS BY WIRE CENTER
ILEC NAME CLLICODE
CITIZENS TELECOM DAHO-FRONT]ER COMM OF DAHO HMDLIDXC
CITIZENS TELECOM DAHO-FRONTIER COMM OF DAHO MRNGIDXC
CITIZENS TELECOM DAHO-FRONTIER COMM OF DAHO PARMIDXC
CITIZENS TELECOM DAHO-FRONTIER COMM OF DAHO SWETIDXC
CITIZENS TELECOM DAHO-FRONTIER COMM OF DAHO WLDRIDXC
FARMERS MUTUAL TELEPHONE CO.FRLDIDXX
FARMERS MUTUAL TELEPHONE CO.NUARIDXC
FRONTIER COM U N ICATIONS NORTHWEST,NC. -rD BYVWIDXX
FRONTIER COM UN ICATIONS NORTHWEST,NC.-tD CRALIDXX
FRONTIER COM UN ICATIONS NORTHWEST,NC. -rD HYLKIDXX
FRONTIER COM U N ICATIONS NORTHWEST,NC. -rD PSFLIDXX
FRONTIER COM UN ICATIONS NORTHWEST,NC. -ID RTHDIDXX
FRONTIER COM UN ICATIONS NORTHWEST,NC.-tD SPLKIDXX
CENTU RYLI N K/QWEST CORPORATION BOISIDMA
CENTU RYLI N K/QWEST CORPORATION BOISIDNW
CENTU RYLI N K/QWEST CORPORATION BOISIDSW
CENTU RYLI N K/QWEST CORPORATION BOISIDWE
CENTU RYLI N K/QWEST CORPORATION CLWLIDMA
CENTU RYLI N K/QWEST CORPORATION EAGLIDNM
CENTU RYLI N K/QWEST CORPORATION EMMTIDMA
CENTU RYLI N K/QWEST CORPORATION KUNAIDMA
CE NTU RYLI N K/QWEST CORPORATION MDTNIDMA
CE NTU RYLI N K/QWEST CORPORATION MELBIDMA
CENTU RYLI N K/QWEST CORPORATION MRDNIDMA
CENTU RYLI N K/QWEST CORPORATION NMPAIDMA
CE NTU RYLI N K/QWEST CORPORATION NPMOIDMA
CE NTU RYLI N K/QWEST CORPORATION PYTTIDMA
CE NTU RYLI N K/QWEST CORPORATI ON STARIDNM
CENTU RYLI N K/QWEST CORPORATION WESRIDMA
RURAL TELEPHONE CO.GLFYIDCO
m
{r)r=lE.-a
-x
Fd
Exhibit B
EXHIBIT B
COMPETITIVE ETCS SERVING ONE OR MORE WIRE
CENTER(S} lN CRTCKET'S ETC SERVTNG AREA
4790L3 T-MOBILE USA INC.
479015 VIRGIN MOBILE USA LP
479076 BUDGET PREPAY INC.
4790L7 NEXUS COMMUN ICAT]ONS INC.
(,)
{r).-soF(t
-x
Frl
Exhibit C
ATTACHMENT C - Lifeline Relinquishment Sunset Letter
Cricket Communication/Cricket Wireless logo
IMPORTANT LIFEL!NE INFORMATION
{Customer Name} {Date}
{Mailing Address 1} Wireless Number(s): {Wireless Number}
{Mailing Address 2}
{City, MN Zip}
Dear {Customer Name},
We're writing to let you know that after April 30, 2015, Cricket will no longer provide Lifeline
discounts in ldaho through the federal Lifeline program. Cricket is discontinuing its
participation in the federal Lifeline program as it prepares to shut down its "old" Cricket CDMA
network in Utah.
As part of shutting down Cricket's "old" network, Cricket plans on terminating your current
service for mobile number [tel. No.] on [add dates]. We'll contact you again in the near
future to provide more information about Cricket's "old" network shutdown. ln the meantime, as
an existing Cricket Lifeline customer, you'll continue to receive your Lifeline Credit on your
current Cricket rate plan.1
We hope you'll stay with Cricket and enjoy the unparalleled benefits of Cricket's "new" 4G
network and rate plans. All you need is a compatible GSM phone and one of Cricket's new rate
plans. These new plans don't include a Lifeline discount, but we encourage you to check out
the great values they offer.
o Plans start at $2S/month - Taxes and fees included and no Lifeline papenrork
needed to qualify. Plans provide unlimited talk and text - And they include nationwide GSM coverage
and no roaming charges
It's your choice! You can go with one of Cricket's new rate plans or you may decide to move to
another service provider that still offers Lifeline discounts.
lf you'd like to receive Lifeline discounts from another service provider, visit lifelinesupport.org.
lf you choose to remain a Cricket customer, act before your current service terminates on
[insed dafes]. Visit your nearest Gricket retail store to switch to a new GSM phone and rate
plan-or learn more about switching to Cricket at http://cricketwireless.com/switch.
. Talk, text and share with reliable nationwide coverage and fast 4G LTE speeds.. Enjoy simple, affordable, unlimited plans with all taxes and fees included.. Earn a new free smartphone every year with our Cricket rewards program.o Choose from a great selection of the best phones and top brands-all at great prices.
1 You will continue to receive a Lifeline equivalent discount until your service on the "old" network is terminated
unless your service is suspended or you change your current rate plan.
ATTACHMENT C - Lifeline Relinquishment Sunset Letter
We look forward to continuing to serve your wireless needs.
Sincerely,
Cricket Wireless