20140106Application.pdf

Cvxrru,n A. Mellu-o PLLC
8385 Vl EI{ERALo SrneEr BolsE, Ioano 83704
(2OB) 577 -57 47' [e-mail]
January 6,2014
Via Hand Delivery
Jean Jewell, Commission Secretary
ldaho Public Utilities Commission
472W. Washington
P.O. Box 83720
Boise, lD 83720-0074 C,Tb -T- /4-o I
Re: Custer Telephone Broadband Services LLC: Application for
Designation as an Eligible Telecommunications Carrier for Low-Cost
Support
Dear Ms. Jewell:
On behalf of Custer Telephone Broadband Services LLC, I am enclosing an original
and seven copies of Custer Telephone Broadband Services LLC Application for Designation
as an Eligible Telecommunications Carrier. Custer Telephone Broadband Services LLC
requests this designation for purposes of receiving low-cost support. Custer Telephone
Broadband Services LLC further requests that this Application be processed in an expedited
manner under modified procedure. I have also enclosed a copy to be date stamped and
returned to me for my files.
lf you have any questions or comments regarding the enclosed, or if you need any
additiona! information, please do not hesitate to contact me.
Sincerely,
-i] $;i ij, fi?
Cr.^*AY4,l^1h
Cynthia A. Melillo
CAM
Enclosurescc: Dennis Thornock (via electronic mail)
CAM to IPUC re Custer Telephone Broadband Services LLC ETC Application
CYNTHIAA.MELILLO(lSB#5819) ::,,, r:!: -,- i.ii-.i-!Cynthia A. Melillo PLLC i - ' ': ' - " r': i.r ;'
8385 W. Emerald Street
Telephone : 2O8.57 7 .57 47
Fax: [phone]
E-mail: [e-mail]
Attorney for Custer Telephone Broadband Services LLC
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION,
APPLTCATTON OF CUSTER TELEPHONE )
BROADBAND SERVICES LLC FOR
DESIGNATION AS AN ELIGIBLE
TELECOMMUN ICATIONS CARRIER FOR
LOW-INCOME SUPPORT
case No. CTB-T- t4-o t
APPLICATION OF CUSTER TELEPHONE BROADBAND SERVICES LLC FOR
DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER
Custer Telephone Broadband Services LLC ("CTBS"), by and through its undersigned
attorney, hereby submits to the ldaho Public Utilities Commission (the "Commission")
this Application for Designation as an Eligible Telecommunications Carrier ("ETC"), pursuant
to Sections 21a@)()-(2) of the Telecommunications Act of 1934, as amended (the Act"),
47 U.S.C. $ 214(e)(1)-(2), and $ 54.201 of the Federal Communications Commission's
("FCC") rules, 47 C.F.R. S 54.201, and this Commission's ETC designation requirements
('IPUC ETC Requirements").' CTBS requests that it be designated as eligible to receive
support from the federal Universal Service Fund ("USF"). CTBS is seeking only low income
support in the Salmon, ldaho exchange (the "Designated Service Area").
1 See /n fhe Matter of the Apptication of ttltWC Hotding Co., lnc. dba CettularOne Seekrng Designation as an Eligible
Telecommunications Canier That May Receive Federal Universal Servlce Support, Order No.29841, Appendix pp. 1-3 (IPUC
Case No. WST-T-05-1, served August 4,2005) (hereinafter, "IPUC ETC Requirements Orde/').
CTBS ETC Application for Designated Service Areas - 1
CTBS meets all statutory and regulatory prerequisites for ETC designation.
Furthermore, designation of CTBS as an ETC in the Designated Service Area would serve the
public interest. Accordingly, CTBS respectfully requests that the Commission grant this
Application.
All correspondence, communications, pleadings, notices, orders and decisions relating
to this Application should be addressed as follows:
Cynthia A. Melillo
Cynthia A. Melillo PLLC
8385 W. Emerald Street
Boise, ldaho 83704
Telephone : [phone]
Facsimile: 208-361 -3441
Email: [e-mail]
I. BACKGROUND
A. Company Overview
CTBS is an ldaho limited liability company, with a principal place of business located at
1101 E. Main Avenue, Challis, ldaho 83226. The Commission issued a Certificate of Public
Convenience and Necessity authorizing CTBS to provide local exchange and interexchange
services within the State of ldaho in Case No. CTB-T-11-01, Order No. 32383, dated October
14, 2011. CTBS is a wholly-owned subsidiary of Custer Telephone Cooperative, lnc.
("Custei'). CTBS provides local exchange services in the Designated Service Area using
its own facilities.
B. ldentification of the Service Area
Sections 21a@)(2) and 214(eX5) of the Act provide that ETC designations shall be
made for a geographic service area designated by the state commission. CTBS is asking
for ETC designation in the Salmon, ldaho exchange area, which is part of the service area
of CenturyLink dba Century Tel of ldaho.
!I. CTBS MEETS THE STATUTORY AND REGULATORY REQUIREMENTS FOR
DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER.
On March 17, 2005, the FCC released its FCC ETC Requirements Ordef
2 ln the Motter of Federol-Stote Joint Boord on Universol Service, Report ond Order,20 FCC Rcd 6371 (2005) ("FCC
CTBS ETC Application for Designated Service Areas - 2
establishing additional requirements for carriers seeking ETC designation before the FCC.
These additional requirements, however, are not binding on state commissions. This
Commission subsequently considered whether to adopt all or some portion of the rules
promulgated by the FCC and, as previously noted, issued a set of ETC designation
requirements in IPUC ETC Requirements Order. As shown herein, CTBS meets the
requirements for designation as an ETC as established under Sections 214(e) and 254 of the
Act, and the IPUC ETC Requirements Order. Specifically, CTBS (i) is a common carrier,3 (ii)
offers services that are supported byfederal universal support mechanisms;a (iii) will use its
own facilities, in whole or in part, to provide the supported services;5 (iv) will
provide the supported services throughout its Designated Service Area;6 (v) will
advertise the availability of such services using media of general distribution;'z (vi) will make
Lifeline service available to qualifying low-income consumers;8 1vii1 will certify that it will comply
with the service requirements applicable to the support that it receives;e (viii) will remain
functional in emergency situations;1o 1ix; will satisfy consumer protection and service quality
standards;11 lxl witt provide local usage plans comparable to the ILECs already operating in the
proposed Designated Service Areas;12 (xi) will provide notice to any affected tribal governments
or tribal regulatory authorities;t3 1xii1 will comply with all applicable reporting requirements;14 and
ETC Requirements Order")
'+7 u.s.c. $ 21a(eX1); 47 c.F.R.s s4.201(d).
o 47 U.S.C. $ 21a(eX1XA); a7 C.F.R.55 54.201(dXl) and 54.405.
'47 u.s.c. $ 2ra(eX1XA); 47 c.F.R.$ s4.201(dXt).
u qz u.s.c. s 21a(eXr); 47 c.F.R.s s4.201(d).
'qz u.s.c. s 2r+(eXtXB); 47 c.F.R.$ s4.201(dX2).t qZ C.f.R. 5 54.a05; see also ln the Motter of Lifetine ond Link Up Reform ond Modernizotion, Report ond Order ond
Further Notice of Proposed Rulemoking, WC Docket No. 1t-42, FCC!z-tl-, released February 6,20L2 ("Lifeline
Reform Order").
' qz c.r.R.s s4.2oz(aXrXi).
'o qz c.r.R.S sa.2o2(a)l2l; and IPUC ETC Requirements order, App., at 3.
" 47 C.F.R. $ 5a.202(aX3); and IPUC ETC Requirements order, App., at 3.t' IPUC ETC Requirements order, App., at 3.
" rd. at2.
1a See IPUC ETC Requirements Order, App., at 3-4.
CTBS ETC Application for Designated Service Areas - 3
(xiii) will take steps to limit fraud, waste and abuse of the federal USF.15 Because CTBS is
requesting only low-income support, the requirement to submit a 2-year [S-year for the FCC]
service improvement plan16 is not applicable.
A. CTBS is a Common Carrier
CTBS is a telecommunications carrier as defined in 47 U.S.C. S 153(44) and 47 C.F.R.
$ 51.5(a), and is a telecommunications carrier for the purposes of Part 54 of the FCC's
rules.l7 CTBS, therefore, is considered a common carrier under the Act.
B. CTBS offers the Supported Services
CTBS currently offers in its service area and in the Designated Service Area, the
federally designated services listed at 47 C.F.R. $ 54.101(a). The services which are
supported by the federal USF program are as follows: (1) voice grade access to the public
switched telephone network; (2) local usage; (3) dual tone multi-frequency signaling or its
functional equivalent; (4) single-party service or its functional equivalent; (5) access to
emergency services; (6) access to operator services; (7) access to interexchange service; (8)
access to directory assistance; and (9) toll limitation for qualifying low-income consumers.
CTBS is a full service wireline carrier that offers all of these seryices, as described in detail
below, throughout its service area, including the Designated Service Area, utilizing its own
network i nfrastructu re.
1. Voice Grade Access to the Public Switched Telephone Network.
CTBS meets this requirement through the provision of wireline voice communications
service and interconnection to the public switched telephone network.
2. Local Usaoe.
CTBS's rate plans provide local usage consistent with Section 54.101(a)(2) of the
ls See Lifeline Reform Order.
'u 47 C.F.R.S s4.202 (aXlXii) and tpUC ETC Requirements Order, App., at 2-3.,r 47 U.S.C. g S4.t et seq.
CTBS ETC Application for Designated Service Areas - 4
FCC's Rules. CTBS's rate plans as well as the relevant ILEC local usage rate plans are on file
with the Commission.
3. Dual-Tone. Multi-Frequencv Siqnalino or its Functional Equivalent.
Although no longer required by $ 54.101(a) of the FCC's Rules, CTBS does provide
dual tone multi-frequency ("DTMF") signaling to facilitate the transportation of signaling
throughout its network.
4. Sinole-Partv Service or its Functional Eouivalent.
"Single-party service" means that only one party will be served by a subscriber loop or
access line in contrast to a multi-party line. CTBS provides single-party service, as required by
47 C.F.R. S 54.101(a)(a).
5. Access to Emerqencv Services and Abilitv to Remain Functional
in Emeroencv Situations.
The ability to reach a public emergency service provider by dialing 911 is a required
service in any Universal Service offering. Access to emergency services includes access to 911
and E911 services to the extent the local government has implemented such services.ls CTBS
meets this requirement by providing 911and E911 service from local public service answering
points ("PSAPs").
Consistent with the IPUC ETC Requirements Order at Appendix p.3, CTBS also has
the ability to remain functional in emergency situations. Since CTBS is providing service to its
customers through the use of its own redundant facilities, CTBS will provide to its customers
functionality in emergency situations, including access to a reasonable amount of back-up
power to ensure functionality without an external power source, rerouting of traffic around
damaged facilities and the capability of managing traffic spikes resulting from emergency
situations.
" 47 c.F.R.g 54.lol(a).
CTBS ETC Application for Designated Service Areas - 5
6. Access to Operator Services.
Access to operator services is defined as any automatic or live assistance provided to
a consumer to arrange for the billing or completion, or both, of a telephone call.le CTBS
provides customer access to operator services. Customers can reach operator services in the
traditional manner bydialing "0", in compliance with $ 54.101(a)(6) of the Federal Rules.
7. Access to lnterexchanqe Service.
A universal service provider must offer consumers access to interexchange service to
make and receive toll or interexchange calls. CTBS presently meets this requirement by
providing all of its customers with the ability to make and receive interexchange or toll calls
through direct interconnection arrangements CTBS has with several interexchange carriers
("lXCs").
8. Access to Directory Assistance.
The ability to place a call to directory assistance is a required service offering.2o
Subscribers to CTBS's services are able to dial "411" to reach directory assistance.
9. Toll Limitation for Qualifvinq Low lncome Consumers.
An ETC must offer either "toll control" or "toll blocking" services to qualifying Lifeline
customers at no charge. The FCC no longer requires an ETC to provide both services as part
of the toll limitation service required under 47 C.F.R. S 54.101(a)(9).21 ln particular, all ETCs
must provide toll blocking which allows customers to block the completion of outgoing toll
calls.22
CTBS has the capability and if requested is able to provide toll blocking for Lifeline
customers.
le Federol-Stote Joint Boord on Universal Service, First Report ond Order, t2 FCC Rcd 8776,8817-18 (1997) ("First
Report and Order")
20 ld. at882L.
21 See lJniversalseryice Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 9d45,
96262,94-1,91-213, 95-72, 13 FCC Red 5318 (1997).
22 First Report and Order, at882L-22.
CTBS ETC Application for Designated Service Areas - 6
C. Advertising Availability of Universa! Services.
Pursuant to $ 54.201 of the FCC's rules, 47 C.F.R. S 54.201, CTBS currently advertises
the availability of each of the supported services detailed above, throughout the Designated
Service Area, by media of general distribution. ln addition, once it receives its ETC
designation, CTBS will promote its Lifeline Services through traditional media avenues. CTBS
will develop an information sheet that explains the program and directs interested parties to
the proper agencies to assist with the program qualification process. The methods of
advertising utilized may include website, newspaper, magazine, radio, direct mailings, public
exhibits and displays, bill inserts, and telephone directory advertising.
D. Commitment To Consumer Protection
Consistent with the IPUC ETC Requirements Order at Appendix A, p.3, CTBS complies
with all applicable service quality standards and consumer protection rules.
E. Tribal Notification
The IPUC ETC Requirements Order at Appendix A p.2, requires an ETC applicant
seeking ETC designation for any part of tribal lands to provide a copy of its application to the
affected tribal government or tribal regulatory authority, as applicable, at the time it files its
application with the Commission. CTBS is not seeking ETC designation for any tribal lands in
connection with this Application.
CTBS has demonstrated that it meets the requirements to be designated an
ETC. ln addition to the above requirements, CTBS's designation as an ETC in connection with
this Application would serve the public interest.23
II!. GRANT OF THIS APPLICATION SERVES THE PUBLIC INTEREST
CTBS requests ETC designation throughout all of the Salmon, ldaho exchange. Such
exchange does not include areas served by ruraltelephone companies.
23 See 47 C.F.R. 54.207(c) and IPUC ETC Requirements Order.
CTBS ETC Application for Designated Service Areas - 7
Congress requires that the Commission grant competitive ETC applications in non-
rural areas.2a No specific public interest test is mentioned, as is the case for areas served by
rural telephone companies.25 Thus, the Act provides that the Commission "shall"
designate CTBS as an ETC upon finding that CTBS meets the requirements of Section
54.101(a) and Section 54.202(a) of the FCC's Rules (47 C.F.R. S 54.101(a) and 47 C.F.R. S
54.202(a)).
Grant of CTBS's Application will serve the public interest and the market as a whole
by promoting additional service offerings in the Designated Service Area and will allow
CTBS to participate in and offer Lifeline to qualifying consumers throughout the Designated
Service Area. As relevant to the Commission's public interest inquiry, CTBS's presence
will undeniably include the benefits of lower cost, higher quality and increased
customer choice. Designation of CTBS as an ETC will also provide other carriers serving the
same area an incentive to improve their existing networks and service offerings in order to
remain customer focused, which will result in improved consumer services.
Designation of CTBS as an ETC would further the goals of promoting competition,
reducing regulation and thereby bringing about lower prices and higher quality services - all
as setforth as a central purpose of the Telecommunications Act of 1996.26 Granting ETC
status to CTBS would allow CTBS to obtain federal universal service support, which it will
use to offer discounted telecommunications services to eligible low-income
consumers in the Designated Service Area.
IV. GERTIFICATION OF ELIGIBILITY
CTBS will certify eligibility of all Lifeline applicants, both upon application and annually,
as required by 47 C.F.R. S 54.410.
2a see 47 U.S.C. 214(e)(2).
2s see ld.
" The Telecommunications Act of 1995, Pub. L. No. 104-104, L1O Stat. 56, 56 (1996).
CTBS ETC Application for Designated Service Areas - 8
v.
v!.
CTBS WILL MEET ALL ANNUAL CERTIFICATION REQUIREMENTS
CTBS will file all annual reports required by both this Commission and the FCC.
LEGAL AUTHORITY
The Commission has the legal authority to grant the relief requested by CTBS pursuant
to 47 U.S.C. $ 21a(e)(2); 47 C.F.R. S 54.201;and the IPUC ETC Requirements Order.
VII. RELIEF REQUESTED
For the reasons set forth above, and pursuant to Section 214(e)(2) of the Act, CTBS
requests that the Commission enter an Order designating CTBS as an ETC eligible for federal
universal service low-income funding for the Designated Service Areas, and that the
Commission process this Application under Modified Procedure.
CTBS ETC Application for Designated Service Areas - 9
RESPECTFULLY SUBMITTED this 6s day of January,2014.
Cynthia A. Melillo PLLC
Attorney for Custer Telephone Broadband Services
LLC
CTBS ETC Application for Designated Service Areas - 10