20030203Application.pdf

Sean P. Farrell, Esq.
General Counsel
IA T Communications, Inc.
NTCH-Idaho Inc., dba Clear Talk
703 Pier Avenue, Suite B, PMB 813
Hennosa Beach, CA 90254
[phone]
nr-"r-n"
' "'"
'f
FiLED
r'"'J
L,___
ZCOJ FEB - 3 HI 12: I 2
; :'~ ;-:'
:;' !r'.
UTILITIES COi'1r'i(sSION
""-'-"""~-
.-+ c
Larry Curry
Operations Manager, IA T Communications, Inc.
President, NTCH-Idaho, Inc. dba Clear Talk
233 N. Main St.
Pocatello, ID 83204
[phone]
&/V11- ~tl3.tl?
Before the
IDAHO PUBLIC UTILITIES COMMISSION
472 W. Washington Street
Boise, Idaho 83702
In the Matter of
IAT Communications, Inc., d.a. Clear Talk
PETITION FOR DESIGNATION AS AN
ELIBIBLE TELECOMMUNICATIONS CARRIER
January 28, 2003
Clear Talk Petition for ETC Designation
II.
III.
IV.
TABLE OF CONTENTS
INTROCUTION
CLEAR TALK'S WIRELESS UNIVERSAL SERVICES OFFERING
MEETS ALL OF THE COMMISSION REQUIREMENTS FOR E.
DESIGNATION.
A. Clear Talk Offers All of the Services Required By The Commission For
Designation As An Eligible Telecommunications Carrier.
B. Clear Talk Provides The Supported Services Using Its Own Facilities and
the Facilities of Other Carriers.
C. Clear Talk Will Advertise And Promote Its Universal Service Offering.
DESIGNATING CLEAR TALK AS AN E.c. WILL ADVANCE THE
PUBLIC INTEREST BY PROMOTING COMPETITION AND
PROVIDING CUSTOMERS WITH ADDITIONAL CHOICES AND
TELECOMMUNICATIONS SERVICES AT COMPETITIVE PRICES.
CONCLUSION
Clear Talk Petition for ETC Designation
INTRODUCTION
IA T Communications, Inc., a Delaware corporation doing business through its
wholly-owned subsidiary NTCH-Idaho, Inc., an Idaho corporation (hereinafter "Clear
Talk"), pursuant to Section 62-21OA of the Idaho Code and pursuant to the Idaho Public
Utilities Commission s (the "Commission ) Order No. 27715 in Case No, GNR-98-
Order No. 27715"), hereby petitions the Commission to designate Clear Talk as an
eligible telecommunications carrier (") for service areas in southeast Idaho
currently served by one or more of the following E.T.s: ATC, Citizens, Filer Mutual (a
co-op), Fremont Telecom, Project Mutual (a co-op), and QwestlUS West.
As demonstrated below, Clear Talk meets all of the Commission s requirements
for E.C. designation to serve southeast Idaho customers. Moreover, designating Clear
Talk as an E.T.C. will serve the public interest by promoting competition and benefiting
Idaho consumers, especially those in rural and high-cost areas, by: (1) increasing
customer choice, (2) increasing innovative services, and (3) increasing the availability of
new technologies at competitive prices.
II.CLEAR TALK'S WIRELESS UNIVERSAL SERVICES OFFERING
MEETS ALL OF THE COMMISSION REQUIREMENTS FOR E.T.
DESIGNATION.
Clear Talk provides personal communications services ("PCS " also referred to as
CMRS" or "wireless ) in the service areas of southeast Idaho pictured on the map
attached as Exhibit 2. Wireless service territories served by Clear Talk, in accordance
with licenses granted by the Federal Communications Commission (") to IAT
Communications, Inco, include PCS BTA nos, 202 (Idaho Falls), 353 (Pocatello) and 451
Clear Talk Petition for ETC Designation
(Twin Falls), Clear Talk seeks to be designated as a competitive universal service E.
to provide wireless E.c. service in these service territories.
Clear Talk seeks E.T.C. designation in connection with its wireless
telecommunications offerings to consumers within its authorized wireless service areas.
Clear Talk provides all of the services and functionalities required by the Commission for
C. designation (as enumerated in the Commission s Order No. 27715). Clear Talk
offers the required services and functionalities throughout Clear Talk's service areas in
southeast Idaho.! Upon E.T.C. designation, Clear Talk will make available to Idaho
consumers a universal service offering over Clear Talk's existing network infrastructure
and spectrum, including the same antennae, cell-sites, towers, trunking, mobile switching,
and interconnection facilities currently used by Clear Talk to serve its customers. Clear
Talk will also provide service to any requesting customer within the designated service
areas, and if necessary, will deploy additional facilities needed to provide the supported
servIces.
A. Clear Talk Offers All of the Services Required By The Commission For
Designation As An Eligible Telecommunications Carrier.
Clear Talk satisfies the Commission s requirements that an E.C. designated
pursuant to Section 62-210D must offer "universal services 2 as defined by the
Commission in Order No. 27715. As described below, Clear Talk currently offers each
I Clear Talk also provides service on the Fort Hall Reservation, but Clear Talk's ETC, designation for
service on tribal lands is the subject ofa separate petition before the Federal Communications Commissiono
2 See Idaho Code section 62-2l0C; Commission Order No. 27715,
Clear Talk Petition for ETC Designation
ofthe services required by the Commission pursuant to Order No, 27715.3 Upon
designation as an E., Clear Talk will make available a wireless "universal service
offering that includes all ofthe supported services for consumers in the designated
service areas in southeast Idaho.
Voice-Grade Access to the Public Switched Network. As an
existing CMRS provider in southeast Idaho, Clear Talk provides
voice-grade access to the public switched network. Through an
interconnection agreement with a Regional Bell Operating
Company (US WestlQwest), Clear Talk is able to originate and
tenninate telephone service for all of its customers.
Local Usage.Clear Talk currently offers unlimited local usage in
its monthly service plan - at no additional charge. Clear Talk'
unlimited local calling plan therefore satisfies the local usage
criterion for E. T.C. designation based upon its offering of a flat-
rate unlimited local usage calling plan.
Functional Equivalent of Dual- Tone Multi-Frequency Signaling
Clear Talk currently uses out-of-band digital signaling and in-band
multi-frequency ("MF") signaling that is functionally equivalent to
dual-tone multi-frequency ("DTMF") signaling. Clear Talk
3 A declaration attesting to Clear Talk's ability and commitment to offer each of the supported services is
attached hereto as Exhibit 1.
Clear Talk Petition for ETC Designation
therefore meets the E.C. requirement to provide DTMF signaling
or its functional equivalent.
Single Party Service. Clear Talk meets the requirement of single-
party service by providing a dedicated message path for the length
of all customer calls.
Access to Emergency Service Where Available. Clear Talk
currently offers 911 access to emergency service throughout its
service areas. Enhanced 911 ("E911"), which includes the
capability of providing both automatic numbering infonnation
ANI") and automatic location infonnation ("ALl"), is required
only if a public emergency service provider makes arrangements
for the delivery of such infonnation. To date, no public emergency
service provider in Clear Talk's service areas has requested Phase I
or Phase II compliance. By providing 911 service and being ready
and able to provide E911 service upon request, Clear Talk meets
the E.C. requirement of providing access to emergency service
where available.
Access to Operator Services. Clear Talk offers its customers
access to operator services and will continue to make such services
available throughout its designated service areas.
Clear Talk Petition for ETc. Designation
Access to Interexchange Service. Clear Talk presently meets the
C. requirement to provide all of its customers with the ability
to make and receive interexchange or toll calls through direct
interconnection arrangements that Clear Talk has with an
interexchange carrier ("IXC,,
Access to Directory Assistance. Clear Talk meets this E.
requirement by providing all of its customers with access to
directory assistance by dialing "411" or "555-1212.
Toll Limitation for Qualifying Low-Income Customers . Clear
Talk currently provides toll blocking services - at no charge -- for
international calls and for all toll calls (unless the customer
purchases Clear Talk's optional long distance service). Clear Talk
will utilize the same toll blocking technology to provide toll
limitation for qualifying low-income customers 6 at no charge, as
part of its universal service offering.
Because Clear Talk offers all of the services required by the Commission for
E.T.C. designation, Clear Talk therefore meets the service element for E.C. designation
in its service areas in southeast Idaho.
4 Clear Talk has contracted with MCI to provide IXC serviceso5 Clear Talk provides access to directory assistance via Clear Talk's intralata trunks with US West/Qwest.6 Upon designation as an E,T.c., Clear Talk will offer low-income telecommunications services pursuant to
Idaho Code section 62-21 OD(3)(c) and Chapter 9, Title 56 ofthe Idaho Code, and will offer toll blocking in
satisfaction of the Commission s requirement.
Clear Talk Petition for ETc. Designation
Clear Talk Provides The Supported Services Using Its Own Facilities
and the Facilities of Other Carriers.
Pursuant to Section 62-210D(3)(a), Clear Talk provides the required services
using Clear Talk's existing network infrastructure, consisting of switching, trunking,
towers, cell sites, and network equipment, together with any expansions and
enhancements to that network. Clear Talk also contracts with other carriers, as necessary,
to provide facilities and network services needed to provide the required services.
Clear Talk Will Advertise And Promote Its Universal Service
Offering.
Clear Talk will advertise and promote the availability and price of its universal
service offering using media of general distribution, pursuant to Section 62-210D(3)(b).
Currently, Clear Talk employs several advertising media to promote its service offerings
including radio, newspaper and billboard advertising, specially targeted advertising, and
potentially television as well. Clear Talk will expand upon these media, as necessary, to
ensure that consumers within the designated service area are fully infonned of Clear
Talk's universal service offering. Given Clear Talk's existing and planned investments
in network enhancements to fully serve the universal service needs ofldaho consumers
and because E.s receive universal service support only to the extent they serve
customers, , Clear Talk has - and will continue to have - strong economic incentives
beyond its statutory obligations, to actively promote its universal service offering in
Idaho,
II
Clear Talk Petition for ETC Designation
III.DESIGNATING CLEAR TALK AS AN E.C. WILL ADVANCE THE
PUBLIC INTEREST BY PROMOTING COMPETITION AND
PROVIDING CUSTOMERS WITH ADDITIONAL CHOICES AND
TELECOMMUNICATIONS SERVICES AT COMPETITIVE PRICES.
The Commission s designation of Clear Talk as an E.C. in Clear Talk's service
areas will clearly advance the public interest by promoting competition and customer
choice in the provision of universal services, which in turn directly benefits Idaho
consumers, especially in rural and high-cost areas. As the Federal Communications has
noted, the goal ofthe federal 1996 Telecommunications Act is to establish "a pro-
competitive. . . framework designed to accelerate rapidly private sector deployment of
advanced telecommunications and infonnation technologies and services to all
Americans by opening all telecommunications markets to competition." 7 In particular
designating Clear Talk as an E.T.C. will advance universal service in Idaho by (1)
increasing customer choice, especially in rural and high-cost areas, (2) increasing
innovative services, and (3) increasing the availability of new technologies at competitive
prIces.
/ II
/ II
7 See, e.Federal Communications Commission Universal Service First Report and Order 12 FCC Rcd.
at 8781 , ~ 4 (quoting Joint Explanatory Statement recital that the goal of the 1996 Act is to establish "a pro-
competitive, , framework designed to accelerate rapidly private sector deployment of advanced
telecommunications and information technologies and services to all Americans by opening all
telecommunications markets to competition" (emphases added)).
Clear Talk Petition for ETc. Designation
IV.CONCLUSION
For the foregoing reasons, Clear Talk respectfully requests E.C. designation for
the requested service areas in southeast Idaho.
Respectfully Submitted
IA T Communications, Inc., dba Clear Talk
~c~
General Counsel
Clear Talk Petition for E.T.C Designation
EXHIBITS
Exhibit 1:Declaration of Larry Curry, Operations Manager of IA T Communications
Inc. and President ofNTCH-Idaho, Inc. (collectively doing business as
Clear Talk"), certifying Clear Talk's compliance with the Commission
C. requirements.
Exhibit 2:Map of Clear Talk Service Territories.
Clear Talk Petition for ETC Designation
EXHIBIT 1
DECLARATION OF LARRY CURRY
Larry Curry, do hereby declare under penalty of perjury, as follows:
I am the operations manager for IA T Communications, Inc. and I am the
President ofNTCH-Idaho, Inc., the wholly-owned subsidiary oflAT Communications
Inc., which operates IAT's wireless licenses in Idaho and does business as Clear Talk
Clear Talk"). Clear Talk provides wireless telecommunications services in southeast
0 Idaho.
This declaration is submitted in support of Clear Talk's Petition for
Designation as an Eligible Telecommunications Carrier to serve Clear Talk's service
areas in southeast Idaho (the "Petition
I declare and certify as follows, and as described in the Petition, that: (i)
Clear Talk offers wireless telecommunications service in the areas shown on the map
attached as Exhibit 2 to Clear Talk's Petition; (ii) as set forth in the Petition, Clear Talk
offers, or will offer, all of the services designated by the Commission for support
pursuant to Section 62-210D of the Idaho Code and the Commission s Order No. 27715
in Case No, GNR-98-7; (iii) Clear Talk offers, or will offer, the supported services
using its own facilities and the facilities of other carriers with whom Clear Talk contracts
for services; and (iv) Clear Talk advertises, and will advertise, the availability of the
supported services and the charges therefore using media of general distribution
Clear Talk Petition for ETc. Designation
including radio, newspaper and billboard advertising, specially targeted advertising, and
potentially television as well.
I further declare that I have reviewed the Petition and that the facts stated
therein, of which I have personal knowledge, are true and correct to the best of my
knowledge and belief.
Date: 1'-,3/-03
10 ager, IAT Communications, Inc.
President, NTCH-Idaho, Inc.
Clear Talk Petition for ETC. Designation
EXHIBIT 2
CLEAR TALK Coverage Map-Idaho
Clear Talk Petition for ETC Designation
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day of January, 2003, served the foregoing
PETITION FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS
CARRIER upon all parties of record in this proceeding by delivering a copy thereof via
Federal Express to:
Idaho Public Utilities Commission
Attn: Paul Kjellander, President
472 W. Washington Street
Boise, Idaho 83702
[phone]
Signed: \
Name: MeUJ'S'
Clear Talk
233 N. Main Street
Pocatello, ID 83204
[phone]
Clear Talk Petition for ETC. Designation