20121003notice_of_application_order_no_32656.pdf

Office of the Secretary
Service Date
October 3.2012
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF CRICKET COMMUNICATIO?S,INC.)CASE NO.CRI-T-l1-Ol
TO AMEND ITS DESIGNATION AS AN )
ELIGIBLE TELECOMMUNICATIONS )NOTICE OF APPLICATION
CARRIER IN IDAHO )
)NOTICE OF
)MODIFIED PROCEDURE
)
______________________________
)ORDER NO.32656
YOU ARE HEREBY NOTIFIED that on July 19,2012,Cricket Communications,
Inc.(“Cricket”or “Company”)filed an Application,pursuant to Section 214(e)(2)of the
Telecommunications Act of 1934,to amend its designation as an eligible telecommunications
carrier (“ETC”)in the State of Idaho.Cricket was previously granted ETC designation on March
27,2012.
YOU ARE FURTHER NOTIFIED that Cricket’s Application states that it is a
facilities-based carrier that provides digital wireless services on a common carrier basis,
primarily using its own state-of-the-art facilities.Cricket and its affiliates serve approximately
6.2 million customers in 34 states and the District of Columbia.Cricket states that it offers
customers the benefits of unlimited calling at flat rates,without requiring fixed-term contracts or
credit checks.Cricket attached Exhibit A to its Application identifying the areas in Idaho
wherein the Company is already designated an ETC.
YOU ARE FURTHER NOTIFIED that Exhibit B of Cricket’s Application displays
the proposed additions to its designated Idaho ETC area and Cricket’s corresponding coverage.
YOU ARE FURTHER NOTIFIED that Cricket’s Application to amend its
designation as an ETC requests Commission approval to expand its ETC designation area to
allow Cricket to offer its telecommunications services to low-income Idaho customers outside
the current designation area,utilizing support from the federal Lifeline program of the federal
Universal Service Fund (“USF”).
YOU ARE FURTHER NOTIFIED that Cricket believes that the expansion of its
Idaho service territory would serve the public interest because it would allow the Company to
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32656
make its telecommunications services available to additional low-income residents of Idaho,
thereby advancing the goals of universal service.
YOU ARE FURTHER NOTIFIED that Cricket notes that 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.The FCC’s approval of Cricket’s ETC application and compliance plan has allowed
Cricket to become eligible for Lifeline-only ETC designation in service areas that do not
conform to that of an underlying rural telephone company study area.
YOU ARE FURTHER NOTIFIED that Cricket reiterated its previous claims that the
Company meets all of the state and federal statutory and regulatory requirements for ETC
designation in Idaho.
YOU ARE FURTHER NOTIFIED that Cricket states that it will continue to comply
with the applicable annual certification requirements adopted in the Commission’s ETC
Requirements Order,Order No.29841,including the collection and remittance of applicable
Idaho Telephone Service Assistance Program (ITSAP)and Idaho Emergency Communications
Act (E-91 1)fees.
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
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:
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDERNO.32656 2
Commission Secretary Alan J.Galloway
Idaho Public Utilities Commission Mark P.Trinchero
P0 Box 83720 Davis Wright Tremaine LLP
Boise,ID 83720-0074 1300 SW Fifth Ave..Suite 2300
Portland,OR 97201-5630
Street Address for Express Mail:E-mail:a1angallowavdwt.corn
marktrincherodwt.com
472 W.Washington Street
Boise,ID 83702-5918
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 “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 has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices.The Application is also available on the Commission’s Website at
www.puc.idaho.gov.Click on “File Room”and “Telecommunications Cases”and then scroll to
the case number.
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.
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ORDER
IT IS HEREBY ORDERED that this Application will be processed under Modified
Procedure.Persons interested in submitting written comments regarding this case or protesting
the use of Modified Procedure should do so no later than 21 days from the service date of this
Order.
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of October 2012.
MACK A.REDFORD,€ÔMMISSIONER
MARSHA H.SMITH,COMMISSIONER
ATTEST:
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P 14 —
Jean D Jewell
Commission Secretary
O:CRI-I-11-OJ_np3
NOTICE OF APPLICATION
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ORDER NO.32656 4