20120928Decision 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: SEPTEMBER 27, 2012

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

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. Application
to Amend at 1. Cricket was previously granted ETC designation on March 27, 2012. See Order
No. 32501.
THE APPLICATION
Cricket’s Application to amend its designation as an ETC requests Commission
approval 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 Service Fund
(“USF”).” Id. at 1-2.
Cricket believes that the expansion of its Idaho service territory would serve the
public interest because it would allow the Company to make its discounted telecommunications
services available to additional “low-income residents of Idaho, thereby . . . advancing the goals
of universal service.” Id.
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.”
Id. Cricket and its affiliates serve “approximately 6.2 million customers in 34 states and the
DECISION MEMORANDUM 2
District of Columbia.” Id. Cricket says 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.
Cricket reiterated its previous claims, made in CRI-T-11-01, that the Company meets
all of the state and federal statutory and regulatory requirements for ETC designation in Idaho.
Id. at 2-4. Additionally, Cricket notes that “in February 2012, the Federal Communications
Commission (“FCC”) granted Cricket forbearance from the service area conformance
requirement of section 214(e)(6) of the Act and section 54.207(b) of the FCC rules.” Id. at 4.
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.” Id. Exhibit B of Crickets’ Application to
amend displays “the proposed additions to its designated [Idaho] ETC area and Cricket’s
corresponding coverage.” Id.
Cricket asserts that it will “continue to comply with the applicable annual certification
requirements adopted by the Commission’s ETC Requirements Order[,]” including the collection
and remittance of applicable Idaho Telephone Service Assistance Program (ITSAP) and Idaho
Emergency Communications Act (E-911) fees. Id. at 4, 6.
COMMISSION DECISION
Does the Commission wish to process Cricket’s Application to amend its designation
as an ETC in Idaho through Modified Procedure with a corresponding 21-day comment period?

M:CRI-T-11-01_np3