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HomeMy WebLinkAbout20180830notice_of_application_order_no_34134.pdfOffice of the Secretary Service Date August 30,2018 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION )CASE NO.GLO-T-18-01 OF GLOBAL CONNECTION INC.OF )AMERICA DBA STAND UP WIRELESS FOR )NOTICE OF APPLICATION DESIGNATION AS AN ELIGIBLE )TELECOMMUNICATIONS CARRIER )NOTICE OF )MODIFIED PROCEDURE )ORDER NO.34134 On June 20,2018,Global Connection Inc.of America dba STAND UP WIRELESS ("StandUP Wireless"or "the Company")applied to the Commission for an Order designating it as an eligible telecommunications carrier ("ETC")for the sole purpose of providing Lifeline services to qualifying consumers in the State of Idaho.With this Order,we provide notice of the Application and invite interested persons to comment on it. NOTICE OF APPLICATION YOU ARE HEREBY NOTIFIED that,with this Application,StandUP Wireless asserts this Commission has authorityto designate it as an ETC under federal and state law.The Company states it qualifies for ETC designationunder Section 214(e)(2)of the Communications Act of 1934, the Federal Communication Commission's ("FCC's")eligibility rules at 47 C.F.R.§§54.101 through 54.207,and the rules and regulations of the Idaho Public Utilities Commission. YOU ARE FURTHER NOTIFIED that StandUP Wireless states it provides commercial mobile radio services through its underlyingcarriers,Sprint Spectrum L.P.and T- Mobile USA in various locations in Idaho. YOU ARE FURTHER NOTIFIED that StandUP Wireless requests forbearance from the requirement of 47 U.S.C.§214(e)(1)(A)and 47 C.F.R.§54.201(i),which prohibit a state commission from designating a telecommunications carrier as an ETC if it offers services exclusivelythrough the resale of another carrier's services.StandUP bases its forbearance request on the FCC's grant of forbearance for carriers seeking Lifeline-only ETC designation.See 47 U.S.C.§160(e)(a "State commission may not continue to apply or enforce any provision of this chapter that the [FCC]has determinedto forebear from applying...."). NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.34134 1 YOU ARE FURTHER NOTIFIED that StandUP Wireless requests the authority to pandpatein and receive reimbursement from the Idaho Telephone Service Assistance Program. YOU ARE FURTHER NOTIFIED that StandUP Wireless states that it (1)will provide service consistent with the FCC's Grant of Forbearance from Section 214's Facilities Requirements,(2)is a common carrier,(3)will provide all supported services,(4)requests designation throughoutits service area in Idaho,(5)will advertise the availability of supported services,(6)commits to providing service throughoutthe proposed designated service area,(7) can function in emergency situations,(8)is committed to consumer protection and service quality, (9)is financially and technically capable,(10)will comply with the Lifeline certification and verification requirements,(11)will comply with all regulations imposed by the Commission,and (12)is in the public interest for the Commission to approve its Application. YOU ARE FURTHER NOTIFIED that the Application and attached exhibits have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices.The Application is also available on the Commission's website at www.puc.idaho.gov.Click on the "Open Cases"tab under the "Telecom"header then click GLO-T-18-01 then click "APPLICATION.PDF." NOTICE OF MODIFIED PROCEDURE YOU ARE FURTHER NOTIFIED that the Commission has determined that the public interest may not require a formal hearing in this matter and will proceed under Modified Procedure pursuant to Rules 201 through 204 ofthe Idaho Public Utilities Commission's Rules of Procedure, IDAPA 31.01.01.201 through .204.The Commission notes that Modified Procedure and written comments have proven to be an effective means for obtaining public input and participation. YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Application may file a written comment in support or opposition with the Commission no later than September 19,2018.The comment must contain a statement of reasons supporting the comment.Persons desiring a hearing must specifically request a hearing in their written comments.Written comments concerning this Application shall be mailed to the Commission and the Applicant at the addresses reflected below: NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.34134 2 Commission Secretary Lance J.M.Steinhart Idaho Public Utilities Commission Lance J.M.Steinhart,P.C. PO Box 83720 Attorneyfor Global Connection Inc. Boise,ID 83720-0074 of America d/b/a StandUP Wireless 1725 Windward Concourse,Suite 150 Street Address for Express Mail:Alpharetta,Georgia 30005 472 W.Washington Street Boise,ID 83702-5918 These comments should contain the case caption and case number shown on the first page of this document.Persons desiring to submit comments via e-mail may do so by accessing the Commission's home page located at www.puc.idaho.gov.Click the "Utility Case Comment or Question Form"under the "Consumers"tab.Complete the comment form using the case number as it appears on the front of this document and click "Submit." YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the time limit set,the Commission will consider this matter on its merits and enter its Order without a formal hearing.If written comments are received within the time limit set,the Commission will consider them and,in its discretion,may set the same for formal hearing. YOU ARE FURTHER NOTIFIED that the Petitioners shall file reply comments,if necessary,no later than September 26,2018. YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 62 of the Idaho Code and specifically Idaho Code §§62-610D,62-615,and 62-622.The Commission may enter any final Order consistent with its authority under Title 62. YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission's Rules of Procedure,IDAPA 31.01.01,and Idaho Code §62-619. ORDER IT IS HEREBY ORDERED that this matter be processed by Modified Procedure, IDAPA 31.01.01.201-.204.Persons interested in submitting written comments in this matter must do so no later September 19,2018.Petitioners may file reply comments by no later than September 26,2018. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.34134 3 DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this day of August,2018. PAUL KJELLAND L PRESIDENT KRI TINE RAP C MISSIONER ERIC ANDERSON,COMMISSIONER ATTEST: Diane M.Hanian Commission Secretary I:\Legal\TELEPHONE\GLO-T-18-01\GLOT1801 nte app mod proc_ej. NOTICE OF APPLICATION NOTICE OF MODIFIED PROCEDURE ORDER NO.34134 4