20210309Application.pdf

Michael C. Creamer (ISB No. 4030)
Blake W. Ringer (ISB No. 11223)
GIVENS PURSLEY LLP
601 W. Bannock St.
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Commnet Wireless, LLC
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
APPLICATION OF COMMNET WIRELESS,
LLC FOR DESIGNATION AS AN ELIGIBLE
TELECOMMUNICATIONS CARRIER IN
THE STATE OF IDAHO FOR PURPOSES OF
RECENING RURAL DIGITAL
OPPORTUNITY FUND SUPPORT
Case No. CWL-T-21-01
COMMNET WIRELESS, LLC' S
APPLICATION FOR ETC
DESIGNATION
Commnet Wireless, LLC ("Commnet" or the "Company"), by its attorneys, and pursuant
to Section 214(e)(2) of the federal Communications Act of 1934, as amended (the "Federal Act"),
the rules and regulations of the Federal Communications Commission ("FCC"), Idaho statutes, and
the requirements set forth in Idaho Public Utilities Commission (the "Commission") Order No.
29841, hereby submits this Application for Designation as an Eligible Telecommunications Carrier
("ETC"). The Company seeks ETC designation for purposes of receiving Rural Digital
Opportunity Fund ("RDOF") Phase I support for the provision of voice and broadband services in
the Census Block Group identified in Exhibit 1 ("Designated Service Area").
As a winning bidder in the FCC's RDOF auction (Auction 904), Commnet's receipt of
RDOF funding is conditioned upon the Company obtaining designation as an ETC and submitting
evidence of such designation to the FCC no later than June 7, 2021. As demonstrated herein,
Commnet meets all the statutory and regulatory requirements for designation as an ETC in the
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State of Idaho. Accordingly, the Commnet respectfully requests the Commission grant it ETC
status in the Designated Service Area on an expedited basis prior to the June 7, 2021 FCC deadline.
In support of this Application, Commnet states as follows:
I. FACTUAL BACKGROUND
1. Commnet is a wholly-owned subsidiary of A TN International, Inc., a publicly
traded corporation headquartered in Beverly, Massachusetts. Commnet is a Delaware limited
liability company with a principal place of business located at 400 Northridge Road, Suite 1100,
Atlanta, Georgia 30350. The Company is registered with the Idaho Secretary of State to conduct
business in the state as shown in Exhibit 2.
2. Commnet provides voice and broadband service in rural areas; principally in areas
with a population of 2500 or less. Commnet operates facilities-based networks in 11 states.
Commnet provides mobile voice and broadband services as well as fixed broadband services over
those networks on both a wholesale and retail basis.
3. Commnet is presently designated and operates as an ETC in certain areas of
Arizona, Colorado, Montana, New Mexico, Nevada, Utah and Wyoming. Commnet has
experience participating in federal universal service programs and is/has been a recipient of frozen
high-cost support, mobility fund support, tribal mobility fund support and CAF II support.
4. Notices, orders and other communications concerning this Application should be
addressed to:
Rohan Ranaraja
Executive Director Regulatory Affairs
Commnet Wireless, LLC
1001 Technology Drive, Suite 102
Little Rock, AR 72223
501.448.1249
[e-mail]
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Michael C. Creamer, Esq.
Blake W. Ringer
Givens Pursley LLP
601 W. Bannock St.
Boise, ID 83702
P.O. Box 2720-83701
208-388-1200 (phone); 208-388-1300 (fax)
[e-mail]
[e-mail]
5. On December 7, 2020, the FCC issued the Public Notice announcing the results of
Auction 904 and Commnet was the winning bidder for the Idaho Census Block Group identified
in Exhibit 1. Commnet was also the winning bidder in several other states in addition to Idaho.
6. In addition to announcing the winning bidders, the FCC's Public Notice established
several deadlines for Auction 904 winners. Specifically, the FCC requires Commnet to provide
documentation to the FCC no later than 6:00 p.m. EST on June 7, 2021, showing the Company
has been designated as a high-cost ETC for purposes of receiving RDOF support.
II. APPLICABLE STANDARD FOR ETC DESIGNATION
7. Section 214(e)(l) of the Federal Act, the FCC's rules, Idaho Code§ 62-610D, and
the Commission's Order No. 29841 set forth certain requirements for ETC designation in Idaho.
As explained below, Commnet satisfies each of these requirements for designation as an ETC in
Idaho.
III. ANALYSIS
A. Designation of Commnet as an ETC is consistent with the public interest,
convenience, and necessity.
8. Pursuant to 47 C.F.R. §§ 54.201(c) and 54.202(b), and Commission Order No.
29841 (Appendix § A.4), Commnet is required to demonstrate that ETC designation is consistent
with the public interest, convenience, and necessity. In evaluating the public interest, the
Commission generally has considered two factors: (1) whether the entity contributes to state
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assistance programs; and (2) whether the designation is sought for only part of a rural telephone
company's study area, thus leaving some (perhaps less profitable) customers without service (i.e.,
cream skimming).
9. Designation of Commnet as an ETC will serve the public interest, convenience, and
necessity. The ETC designation will permit Commnet to receive RDOF support to offer voice and
broadband services in the Designated Service Area, which consists of unserved and underserved
high-cost areas ofldaho. Commnet will construct and operate its own network facilities to provide
the required services. Commnet's investment and deployment in the Designated Service Area will
further the goals of the Commission and the FCC by expanding the reach of digital connectivity
to promote economic growth in rural areas and ensure quality communications services are
available at "just, reasonable, and affordable rates."
10. Commnet commits to participate in applicable Idaho assistance programs upon
approval and commencement of its business operations in Idaho. The Company's participation in
such Idaho programs also advances the public interest.
11 . Finally, Commnet is not engaged in "cream skimming." The FCC has made the
determination that eligible broadband service is not currently available in the areas where ETC
designation is being requested. Commnet is requesting ETC designation for the entire census block
group where it was awarded RDOF funding.
B. Commnet is a common carrier and capable of providing universal services.
12. Pursuant to 47 U.S.C. § 214(e)(l) and Commission Order No. 29841 (Appendix§
A.I), Commnet is required to be a "common carrier" as defined by federal law. Commnet is a
provider licensed by the FCC and, therefore, regulated as, and subject to the requirements
applicable to, a common carrier. Commnet therefore meets this requirement for ETC designation.
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13. Pursuant to 47 U.S.C. 54.201(d) and (i), and Commission Order No. 29841
(Appendix§ A.2), Commnet is required to demonstrate that it is capable of providing the supported
services throughout the service area either by using its own facilities or a combination of its own
facilities and the resale of another carrier's services. Under current FCC rules, the two services that
are supported by the federal universal service support mechanisms are: (1) voice telephony
services; and (2) broadband Internet access services. The Company certifies it will offer voice and
broadband services in the Designated Service Area that comply with the FCC's requirements
utilizing its own facilities or a combination of its own facilities and the resale of another carrier's
services. Commnet's voice service offering will provide voice grade access to the public switched
telephone network, and will include unlimited local calling. In addition, the Company's voice
offering will provide consumers with access to 911 and enhanced 911 to the extent local
governments have implemented such services. Additionally, Commnet certifies that it will provide
toll limitation service to eligible low-income customers. Finally, Commnet certifies that it will
provide a broadband service offering with speeds of 100 Mbps upload and 20 Mbps download in
accordance with its RDOF obligations.
C. Commnet will advertise using media of general distribution.
14. Pursuant to 47 C.F.R. §§ 54.201(d)(2) and 54.405 (b)-(d), and Commission Order
No. 29841 (Appendix § A.3), Commnet is required to demonstrate that it will advertise the
availability of its offering and the charges therefore using media of general distribution. Commnet
will advertise the availability of its services that are supported by federal universal service support
mechanisms and the charges for such services using media of general distribution. Commnet will
utilize a combination of the following forms of media to advertise its services: newspaper, radio,
bill inserts, contacts with social service agencies and its website. Commnet will also publicize the
availability of Lifeline discounts in a manner reasonably designed to reach those likely to qualify
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for the service. Commnet will indicate on material describing the service, using easily understood
language, that Lifeline is a government assistance program, the service is nontransferable, only
eligible consumers may enroll in the program, and the program is limited to one discount per
household. In the event a subscriber no longer qualifies for the program, Commnet will de-enroll
the subscriber from the program appropriately as defined within 47 C.F.R. 54.405(e).
D. No tribal notification is necessary.
15. Pursuant to Commission Order No. 29841 (Appendix § A.5), an ETC applicant
seeking ETC designation for "any part of tribal lands shall provide a copy of its application to the
affected tribal government or tribal regulatory authority, as applicable." Commnet is not seeking
ETC designation on any tribal lands.
E. Commnet has the ability and is committed to provide the supported services.
16. Pursuant to 47 C.F.R. § 54.202(a)(l) and Commission Order No. 29841 (Appendix
§ B. l) Commnet is required to demonstrate its commitment and ability to provide the supported
services. Commnet certifies that it will: (a) provide service on a timely basis to requesting
customers within the Designated Service Area; and (b) provide service within a reasonable period
of time, if the potential customer is within the Designated Service Area but outside the Company's
existing network coverage, and if service can be provided at a reasonable cost. Commnet must
meet certain service milestones and buildout requirements in the Designated Service Area as a
condition of receiving RDOF support.
17. Additionally, Commnet was required to submit network deployment plans to the
FCC that demonstrate its ability to satisfy its RDOF service obligations. Further, the FCC has
waived the requirement for a winning bidder in Auction 904 to file a five-year network
improvement plan as part of the ETC designation process. While the Commission requires ETCs
to submit a two-year network improvement plan, in light of the information that has already been
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submitted to the FCC, and it's waiver of the network improvement plan requirement, Commnet
respectfully requests that the Commission waive its two-year network improvement plan
requirement as Commnet understands the Commission has done for other ETC applicants based
on similar facts addressing such plan requirements.
F. Commnet is able to remain functional in emergencies.
19. Pursuant to 47 C.F.R. § 54.202(a)(2) and Commission Order No. 29841 (Appendix
§ B.2), Commnet is required to demonstrate that it can remain functional in emergency situations.
Commnet certifies it has the ability to do so. Specifically, Commnet has adequate amounts of back­
up power to ensure functionality without an external power source, and is able to reroute traffic
around damaged facilities and is capable of managing traffic spikes resulting from emergency
situations. Commnet further commits to comply with any applicable reporting requirements of the
FCC with respect to outages. The Commnet system is reinforced by the presence of generator
backups, capable of running for extended periods in the event of a major electrical outage. These
include back-up batteries that provide at least four hours of back-up power and portable generators
can be moved to individual cell sites, as needed. Because individual cell sites are spread out, it is
highly unlikely that an electrical outage would affect more than two sites simultaneously. In the
event of power or other types of failure, the cell sites are equipped with alarms that will alert
Commnet technicians. Additionally, the sites are monitored remotely by Commnet's 24/7 Network
Operations Center (NOC) should there be a total communications failure at the site. Commnet's
main switch connectivity to the public switched voice network is based on a ring topology and is
redundant-if the ring is cut, call traffic can be re-routed. Commnet uses both microwave and
leased lines for added diversity to cell site hubs. Backbone traffic lines are designed with sufficient
capacity to manage extraordinary spikes. The Company has multiple agreements with long
distance providers to absorb excess calling, if needed. Commnet has cell sites on wheels, mobile
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towers, and mobile generators available for deployment to areas where there are traffic spikes, due
to emergencies or special events. Again, Commnet satisfies this requirement for ETC designation.
G. Commnet is committed to consumer protection and service.
20. Pursuant to 47 C.F.R. § 54.202(a)(3) and Commission Order No. 29841
(Appendix§ B.3), Commnet is required to certify that it will comply with all applicable service
quality standards and consumer protection rules. Commnet certifies it will comply with all
consumer protection and service quality rules applicable to RDOF recipients.
H. Commnet is committed to providing comparable local usage plans.
21. Pursuant to 47 C.F.R. § 54.202 (a)(5) and (6), and Commission Order No. 29841
(Appendix§ B.4), Commnet is required to provide local usage plans comparable to those offered
by the incumbent LEC in the ETC requested area. Commnet is committed to offering local usage
plans comparable to those offered by the incumbent LECs in the service areas for which it seeks
ETC designation. Specifically, Commnet will offer at least one rate plan that has unlimited voice
allowance at rates that will not exceed the reasonable comparability benchmarks for fixed voice
and broadband rates established by the FCC for universal service purposes.
22. Because Commnet will not begin rolling out its service in the Designated Service
Area for a few years, due to FCC deadlines and the timing of disbursements, Commnet cannot
presently provide the Commission with fully developed local usage plans. However, Commnet
certifies that such local usage plans, in all their required detail, will be provided to the Commission
before Commnet commences any service in the Designated Service Area.
I. Commnet will comply with all reporting requirements for ETCs.
23. Pursuant to Commission Order No. 29841 (Appendix§ C), All ETCs requesting
high-cost support are required to provide certain information to the Commission on an annual
basis. Commnet certifies that it will comply with all applicable annual reporting requirements of
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the Commission, including the requirement to report information concerning: (I) outages; (2)
unfulfilled service requests; (3) customer complaints; (4) consumer protection and service quality
standards; and (4) the Company's local usage plan. As set forth above, Commnet seeks a waiver
of the two-year network improvement plan and progress report requirement consistent with the
Commission's rulings for similarly situated applicants.
J. Commnet will comply with all certification requirements for ETCs.
24. Pursuant to Commission Order No. 29841 (Appendix§ D), all ETCs must certify
on an annual basis that all federal high-cost support provided to the ETC will be used only for the
provision, maintenance, and upgrading of facilities and services for which the support was
intended. Commnet certifies that, in accordance with 47 U.S.C. § 254(e), it will use the RDOF
support it receives for the Designated Service Area only for the provision, maintenance, and
upgrading of facilities and services for which the support is intended.
25. Commnet believes that a hearing is not necessary to consider the requested ETC
designation. Commnet therefore respectfully requests that this matter proceed under Modified
Procedure pursuant to Commission Rules of Procedure 201-204, but that in any event, the
Commission process this Application so as to issue a decision no later than June 7, 2021 .
26. For the reasons set forth above Commnet respectfully requests that:
a. This Application be acted upon at the earliest possible date,
b. The Commission issue an Order designating Commnet as an ETC in the Census
Blocks Group identified in Exhibit 1, which has been determined by the FCC
to be unserved or underserved, and
c. The Commission grant such other and further relief as the Commission may
deem appropriate under the circumstances.
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DATED this 9th day of March, 2021.
COMMNpT WIRELESS, LLC
Cf/)~~
Michael C. Creamer
Blake W. Ringer
Attorneys for Commnet Wireless, LLC
APPLICATION OF COMMNET WIRELESS, LLC FOR ETC DESIGNATION -10
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VERIFICATION
I, Rohan Ranaraja, hereby state that I am the Executive Director of Regulatory Affairs of
Commnet Wireless, LLC; that I am authorized to make this Verification on behalf of the
Company; that the foregoing Application was prepared under my direction and supervision; and
that the contents of the foregoing Application are true and correct to the best of my knowledge,
information, and belief.
Executed this 9th day of March 2021.
Rohan Ranaraja
Executive Director Regulatory Affairs
Commnet Wireless, LLC
APPLICATION OF COMMN ET WIRELESS, LLC FOR ETC DESIGNATION -11
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EXHIBIT 1
COMMNET WIRELESS, LLC
CWL-T-21-01
Census Block Group Number
(1 PAGE)
COMMNET WIRELESS, LLC
ETC REQUESTED AREA IN THE STATE OF IDAHO
RDOF AUCTION ITEM STATE
ID-015-9502001 ID
COUNTY
Boise
CENSUS BLOCK GROUP NUMBER
160159502001
Exhibit 1 to Application
Commnet Wireless, LLC
CWL-T-21-01
Page 1 of 1
EXHIBIT 2
COMMNET WIRELESS, LLC
CWL-T-21-01
Certificate of Existence
(1 PAGE)
March 8, 2021
Request Type: Certificate of Existence/Filing
Request#: 0004201178
Receipt #: 000457154
Regarding: COMMNET WIRELESS, LLC
Filing Type: Foreign Limited Liability Company
Formation/Qualification Date: 05/23/2011
Status: Active-Existing
Duration Term: Perpetual
STATE OF IDAHO
Lawerence Denney I Secretary of State
Business Office
450 North 4th Street
PO Box 83720
Boise, ID 83720
Issuance Date: 03/08/2021
Copies Requested: 0
File#: 320112
Formation Locale: DELAWARE
Inactive Date:
Certificate of Existence
I, Lawerence Denney, Secretary of State of the State of Idaho, do hereby certify that effective as
of the issuance date noted above
COMMNET WIRELESS, LLC
is a Limited Liability Company formed in the jurisdiction set forth above and is authorized to
transact business in this State.
~~e4W&,.P~ f;:,,,f::oenney /
Idaho Secretary of State
Processed By: Business Division Verification #: 011561214
Exhibit 2 to Application
Phone: [phone] * Email: [e-mail] * Website: sosbiz.idaho.govCommnet Wireless, LLC
CWL-T-21-01
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