20120210Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: NEIL PRICE
DEPUTY ATTORNEY GENERAL

DATE: FEBRUARY 9, 2012

SUBJECT: APPLICATION OF CRICKET COMMUNICATIONS, INC. FOR
DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS
CARRIER, CASE NO. CRI-T-11-01

On November 7, 2011, Cricket Communications, Inc. (“Cricket” or “Company”) filed
an Application, pursuant to Section 214(e)(2) of the Telecommunications Act of 1934, for
designation as an eligible telecommunications carrier (“ETC”) in the State of Idaho. Application
at 1.
THE APPLICATION
Cricket states in its Application that it is seeking ETC status “for the purpose of
receiving only low-income Lifeline support from the Universal Service Fund (“USF”).” Id.
“Cricket . . . will 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.” Id.
Cricket is a Delaware corporation. Id. at 2. Cricket attached a copy of its Certificate
of Authority to do business in Idaho to its Application. Id. at 31, Exh. E. Cricket is a digital
wireless service provider to approximately 5.8 million customers in 34 states, and the District of
Columbia. Id. at 2. “Cricket is authorized to deliver Commercial Mobile Radio Service
(“CMRS”) throughout the requested ETC designation area pursuant to license(s) granted by the
Federal Communications Commission (“FCC”).” Id.
Cricket proposes as its Idaho service territory all “rural and non-rural ILEC service
areas listed in attached Exhibit A, excluding any portions of said service areas on tribal lands.”
Id. The Company included as Exhibit B three maps depicting its “proposed designated service
DECISION MEMORANDUM 2
areas in Idaho, and additionally indicating Cricket’s coverage within that proposed service area.”
Id. at 2-3. Cricket’s proposed service area in Idaho includes wire centers currently being served
by Frontier Communications Northwest near Coeur d’Alene, several CenturyLink wire centers
near the Boise metropolitan area, Citizens Telecom’s Parma non-rural Parma service area, and
Farmers’ Mutual Telephone Company’s rural Nu Acres service area. Id. at 3. Cricket states that
it is currently designated as an ETC in the following states: California, Oregon, Illinois,
Missouri, Maryland, Colorado, and South Carolina. Id. Cricket has an application that is
currently pending before the Washington. Id., fn. 6.
The Application contains information related to Cricket’s voice-grade access service,
local usage plan, functionally equivalent dual tone multi-frequency signaling, single party
service, access to emergency services, access to operator services, access to interexchange (long-
distance) services, directory assistance and toll limitation for qualifying low-income consumers.
Id. at 5-10. Cricket has also committed to complying with the additional criteria mandated by
the Idaho ETC Requirements Order No. 29841. Id. at 10. Cricket will provide its services
through the utilization of “primarily its own facilities” and network infrastructure. Id. The
Company pledges to advertise the availability of its services throughout its ETC service area
using general media sources and “direct outreach . . . to government health, welfare and
employment offices and to community groups.” Id. at 11.
Cricket does not seek ETC designation, nor does it intend to offer its Lifeline service
on federal tribal lands. Id. at 11-12. Cricket asserts that adequate backup battery power and the
ability to re-route traffic around damaged facilities will allow the Company to remain functional
during emergencies. Id. at 12-13. Cricket is seeking Lifeline support only and will not seek
high-cost support. Id. at 14.
Cricket believes that designating the Company as an ETC “would serve the public
interest because Cricket . . . offers a unique combination of unlimited minutes, attractive pricing,
and advanced features that would be delivered over Cricket’s own world-class Idaho facilities.”
Id. at 15.
Cricket states that it will “comply with the annual certification requirements adopted
by the Commission’s Order No. 29841. . . .” Id. at 17. As stated earlier, Cricket does not seek
high-cost support and thus views the requirement “to annually submit a network improvement
plan and progress reports on the use of high-cost fund” as inapplicable. Id.
DECISION MEMORANDUM 3
STAFF RECOMMENDATION
Staff has reviewed Cricket’s Application and recommends that it be processed
through Modified Procedure with a 21-day comment period.
COMMISSION DECISION
Does the Commission wish to process Cricket’s Application for ETC designation
through Modified Procedure with a corresponding 21-day comment period?

M:CRI-T-11-01_np