20210506Comments.pdf

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Street Address for Express Mail:
1 1331 W CHINDEN BLVD, BLDG 8, SUITE 201-A
BOISE, ID 83714
Attorney for the Commission Staff
BEFORE THB IDAHO PUBLIC UTILITIES COMMISSION
JOHN R. HAMMOND, JR.
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, IDAHO 83720-0074
(208) 334-03s7
IDAHO BAR NO. 5470
IN THE MATTER OF THE APPLICATION
OF COMMNET WIRELESS, LLC FOR
DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER IN
IDAHO FOR PURPOSES OF RECEIVING
RURAL DIGITAL OPPORTUNITY FUND
SUPPORT
CASE NO. CWL-T-ZL-OI
COMMENTS OF THE
COMMISSION STAFF
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The Staff of the Idaho Public Utilities Commission ("Staff') submits the following
comments.
BACKGROUND
On March 9,2021, Commnet Wireless, LLC ("Commnet" or "Company") applied for
designation as an Eligible Telecommunications Carrier ("ETC") in Idaho. The Company
represents that it operates facilities-based networks in 1i states providing mobile voice and
broadband services, as well as fixed broadband services on a wholesale and retail basis.
Application at2. The Company states it provides these services in rural areas, mostly with less
than 2,500 people. Id.
The Company states that as a winning bidder in the Federal Communications
Commission ("FCC") Rural Digital Opportunity Fund ("RDOF") auction (Auction 904), the
Company's receipt of RDOF funding is conditioned upon obtaining designation as an ETC and
submitting evidence of that designation to the FCC no later than June 7, 2021.
ISTAFF COMMENTS MAY 6,2027
The Company asserts it meets all federal and state requirements for designation as an
ETC in Idaho and that designating the Company as an ETC is in the public interest. Id. at
3-4. The Company asks that the Commission grant it ETC status before June 7, 2021.
THE APPLICATION
Commnet is a Delaware limited liability company with its principal place of business at
400 Northridge Road, Suite 1100, Atlanta, Georgia 30350. Application at 2. Commnet is
authorized to do business in Idaho. See Id. The Company o'provides voice and broadband
service in rural areas; principally in areas with a population of 2500 or less." Application at 2.
The Company states it qualifies for ETC designation under the federal
Telecommunications Act of 1996 (47 U.S.C. $ 2la(e)). 1d. Specifically, the Company asserts it
satisfies the requirements for designation as an ETC in that it: is consistent with the public
interest, convenience, and necessity; is a common carrier; will advertise using media of general
distribution; will make available Lifeline service; is not seeking ETC status on tribal lands; has
the ability and commits to provide supported services; has the ability to remain functional in
emergency; commits to consumer protection and service; committed to providing comparable
local usage plans; and will comply with all reporting requirements. Id. at3-9.
STAFF ANALYSIS
Staff has reviewed Commnet's Application and has conducted an analysis of the
Company's fulfillment of the federal Telecommunications Act of 1996,the FCC's regulations,
the RDOF requirements, and Commission Order No. 29841. In addition, Staff has analyzed the
public interest considerations of awarding the Company ETC designation. Specific state and
federal requirements for ETC designation are discussed in more detail below.
Public Interest Analysis
Staff typically applies a two-prong test when analyzing whether a company's ETC
application is in the public interest. First, Staff verifies that the Company will contribute to the
appropriate Idaho funds. Second, Staff analyzes whether the Company's Application raises
"cream skimming" concerns.
2STAFF COMMENTS MAY 6,2021
In its Application, Commnet confirms that upon designation as an ETC in Idaho, the
Company would participate in the appropriate Idaho programs, comply with the Commission's
annual reporting requirements, and otherwise comply with Order No. 29841. Application at
4-9. The Company requests ETC designation for entire census blocks in areas that are unserved,
high-cost areas of Idaho; therefore, no cream skimming analysis is required. See Id. at 4, Exhibit
l. Thus, Staff believes Commnet's Application satisfies the public interest considerations.
Network Improvement Plan
The Commission requires all ETCs receiving high-cost support to provide a two-year
network improvement and progress report. See Order No. 29841 at 18. However, the FCC
waived the requirement for a winning bidder to file a five-year plan as part of the FCC ETC
designation process. WCB Reminds Connect Am. Fund Phase II Auction Applicants of the
Process for Obtaining A Fed. Designation as an Eligible Telecommunications Carrier, 33 F.C.C.
Rcd. 6696 (2018). The FCC removed this requirement because it "adopted more specific
measures to track deployment, including annual reporting of service to geocoded locations and
certification of compliance with benchmark milestones." Id.
The Company did not provide a two-year network improvement and progress report as
part of its Application. However, Commnet does note that "the FCC has waived the requirement
for a winning bidder to file a five-year plan." The Company has respectfully requested that the
Commission waive its two-year network improvement plan. Application, 6-7. Staff believes a
waiver to the Commission's two-year plan requirement is appropriate because of the FCC's
heightened oversight of RDOF Action winners.
Ability to Remain tr'unctional in Emergencies
The Company certifies it has the ability to remain functional in emergency situations
pursuant to 47 C.F.R. S 54.202(a)(2) and Commission Order No. 29841 . "Commnet has
adequate amounts of back-up power to ensure functionality with an external power source, and is
able to reroute traffic around damaged facilities and is capable of managing traffic spikes
resulting from emergency situations." Application at 7. Staff agrees Commnet satisfies this
requirement.
JSTAFF COMMENTS MAY 6,2027
Other ETC Designation Requirements
Additional requirements for ETC designation are detailed in Appendix 1 of Order No.
29841and are discussed in more detail below.
1. Common Carrier Status. Commnet is a common carrier as defined in U.S.C. Title 47.
Id. at 4-5.
2. Provide Universal Services. Commnet will provide all required services and
functionalities as set forth in Section 54.101(a) of the FCC's Rules (47 C.F.R. $ 5a.l0l(a)).
Id. at 4-5.
3. Advertising. Commnet will advertise the availability and rates for its services
described in the Application through media of general distribution as required by 47 U.S.C. $
214(e)(1)(B). Id. at 5-6.
4. A Commitment to Consumer Protection and Service. Commnet commits to satisfying
all such applicable state and federal requirements related to consumer protection and service
quality standards. Id. at 8.
5. Description of the Local Usage Plan. Commnet will offer calling plans comparable to
those offered by ILECs in the Designated Service Area." Id. at8.
STAFF RECOMMENDATION
Based on its review of the Company's Application, Staff believes the Application
demonstrates the Company's commitment to fulfill the obligations of an ETC in Idaho. The
Company will provide all universal services supported by the federal USF throughout its service
territory and it has addressed all the public interest questions that accompany an ETC
application. Thus, Staff believes Commnet's Application for designation as an ETC is in the
public interest and should be approved.
4STAFF COMMENTS MAY 6,2021
Respectfully submitted this (ffu, orMay 2ozt
Technical Staff: Daniel Klein
i:umisc/comments/cwlt2 L ljhdk comments
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Attorney General
5STAFF COMMENTS MAY 6,2021
CERTIFICATE OF SER\ICE
I HEREBY CERTIFY THAT I HAVE THIS 6TH DAY OF MAY 2021, SERVED
THE FOREGOING COMMENTS OF TIrE COMMSSION STAFF, IN CASE NO.
CWL-T.2I-OI, BY E.MAILING A COPY THEREOF, TO THE FOLLOWING:
ROHAN RANARAJA
COMMNET WIRELESS LLC
IOO1 TECHNOLOGY DR STE IO2
LITTLEROCK AR 72223
E-MAIL : [e-mail]
MICHAEL C CREAMER
BLAKE W RINGER
GIVENS PURSLEY LLP
60I W BANNOCK ST
BOSIE ID 83702
E-MAIL: [e-mail]
blakerineer@ givenspursley.com
Jrl,L'.*,
SECRETAR/
CERTIFICATE OF SERVICE