20040402Clear Talk Supplemental Post Hearing Brief.pdf

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driLITIES COrI!'liSSION
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O, Box 1849 99 East Srare Streer- Eagle, Idaho 83616
Aprill, 2004
Ms. Jean Jewell
Commission Secretary
Idaho Public Utilities Commission
P. O. Box 83720
Boise, ID 83720-0074
Via US. Mail
RE:Case No.GNR-T-O3-8
and Case No. GNR-T-O3-l6
Dear Ms. Jewell:
Enclosed please find the original and seven (7) copies of Gear Talk'
SUPPLEMENTAL POST-HEARING BRIEF in the above-referenced case.
I have also enclosed an additional copy to be d stamped for our records.
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Enclosures
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Molly O'Leary, Esq. (ISB # 4996)
Richardson & O'Leary, PLLC
99 E. State Street, Suite 200
Eagle, Idaho 83616
[phone] (Voice)
[phone] (Facsimile
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BEFORE THE
IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Petition of IA T
Communications, Inc., d.a. NTCH-Idaho, Inc. )
or Clear Talk, for Designation as an Eligible
Telecommunications Carrier.
CASE NO. Docket No. GNR-O3-
In the Matter of the Application ofNPCR, INC.
d/b/a NEXTEL PARTNERS
Seeking Designation as an Eligible
Telecommunications Carrier that may receive
Federal Universal Service Support.
CASE NO. Docket No. GNR-O3-
CLEAR TALK'S SUPPLEMENTAL FILING TO ADDRESS THE FCC'
VIRGINIA CELLULAR DECISION
IAT Communications, Inc., d.a. NTCH-Idaho, Inc. or Clear Talk ("Clear Talk" or the
Company ), submits this Supplemental Filing in support of its Application for designation as a
federal eligible telecommunications carrier ("ETC") to address the Federal Communication
Commission s ("FCC") recent decision designating Virginia Cellular as an ETC in the
Commonwealth of Virginia. In the Matter of Federal-State Joint Board on Universal Service,
Virginia Cellular, LLC Petition for Designation as an Eligible Telecommunications Carrier
the Commonwealth of Virginia CC Docket No. 96-Memorandum Opinion and Order FCC
03-338 (reI. Jan. 22, 2004) Virginia Cellular Order'
THE COMMISSION CAN ADDRESS CONCERNS RAISED BY INTERVENORS
INCORPORATING CERTAIN CONDITIONS APPROVED IN VIRGINIA
CELLULAR
Clear Talk believes that, like the facts in Virginia Cellular, the record in this case clearly
demonstrates that designation of Clear Talk as a wireless competitive ETC in the rural portions
of its FCC-licensed Basic Trading Areas ("BT As ) in southeast Idaho will serve the public
interest and further the goals of universal service by providing, among other things, greater
mobility, a choice of providers, and the benefits of larger local calling areas. Virginia Cellular
Order ~~ 12, 29. As determined by the FCC in Virginia Cellular greater access to mobile
emergency services from wireless carriers such as Clear Talk "can mitigate the unique risks of
geographic isolation associated with living in rural communities " and thus, designation of
competitive ETCs is in the public interest. Virginia Cellular Order ~ 29.
Clear Talk believes that, based on the record before it, the Idaho Public Utilities
Commission ("Commission ) can address concerns raised by the Intervenors in this matter by
incorporating certain ofthe conditions recently approved by the FCC in Virginia Cellular.
In particular, Clear Talk states that it is ready, willing and able to:
1. Adopt and adhere to the CTIA Consumer Code for Wireless Service.
2. Commit to providing the Commission, on an annual basis, with the number of consumer
complaints per 1 000 handsets; provide the Commission with a point of contact within the
Company to contact to address any customer service or service quality complaint
received by the Commission; and ensure that said contact person will have access to
customer account information and the authority to resolve customer service issues.
3. Commit to the service provisioning standards outlined in Virginia Cellular at Paragraph
, pp. 8-
CLEAR TALK SUPPLEMENTAL POST-HEARING BRIEF - 2
a. Take steps to provide service in instances where a request comes from a potential
customer within Clear Talk's licensed service area but outside its existing
network coverage, including determining whether:
1. the requesting customer s equipment can be modified or replaced to
provide service; or
11. a roof-mounted antenna or other equipment can be deployed to provide
sefV1ce; or
111. adjustments can be made to the nearest cell tower to provide service; or
IV. there are any other adjustments that can be made to network or customer
facilities to provide service; or
v. it can offer resold services from another carrier s facilities to provide
sefV1ce; or
VI. an additional cell site, cell extender, or repeater can be employed or can be
constructed to provide service.
b. Notify the requesting party if service still cannot be provided after taking the
preceding steps, and include that information in an annual report filed with the
Commission detailing how many requests for service were unfulfilled for the past
year.
4. Use Universal Service Fund support to improve Clear Talk's existing coverage.
5. Diligently build out and deploy a rural CMRS infrastructure in the areas where it is
designated an ETC. Clear Talk will carry out its ETC build-out at a similar pace as that
demonstrated in its more urban southeast Idaho BT A service areas since the Fall of 2000.
(See Clear Talk Exhibit 3 , attached to Rebuttal Testimony of Larry Curry.) Clear Talk
reiterates that the driving force in its ETC build-out will be customer demand.
6. Submit information to the Commission on an annual basis detailing its progress towards
meeting its build-out plans in the service areas where it has been designated as an ETC
in addition to adhering to the FCC's rules governing the use of Universal Service funds.
Clear Talk believes that the formalization of this process should serve to give the
Commission and Idaho consumers confidence that Clear Talk will meet its obligations to provide
service "upon reasonable request" as an ETC.
CLEAR TALK SUPPLEMENTAL POST-HEARING BRIEF - 3
II.CLEAR TALK IS COMMITTED TO SERVING ALL CUSTOMERS WITHIN ITS
FCC-LICENSED BASIC TRADING AREAS
Clear Talk wishes to make it clear to the Commission that it seeks designation as an ETC
throughout the southeast Idaho portion of its Idaho BT As and is committed to providing service
upon reasonable request to all requesting customers within its designated ETC area.
Clear Talk's Idaho BT As include the following Idaho counties and related telephone
exchanges:
BT A 353 BT A 202 BTA451
Bannock County Bingham County Blaine County
Bear Lake County Bonneville County Camas County
Caribou County Butte County Cassia County
Oneida County Fremont County Gooding County
Power County Jefferson County Jerome County
Madison County Lincoln County
Teton County (Idaho)Minidoka County
Twin Falls County
Clear Talk is committed to meeting its ETC obligation to respond to reasonable requests
for service throughout its FCC-licensed service areas in southeast Idaho, pursuant to the Virginia
Cellular service provisioning standards enunciated in Section I, above. To aid in clarifying its
request for ETC designation and service commitment, Clear Talk submits herewith a color copy
ofthe Commission s "Idaho Telephone Exchanges and Company Areas" map dated October 30
2001 that shows an overlay of Clear Talk's southeast Idaho BTAs. EXHffiIT A. Clear Talk is
committed to providing service throughout the BT A areas designated on the attached map.
CLEAR TALK SUPPLEMENTAL POST-HEARING BRIEF - 4
CONCLUSION
Clear Talk respectfully requests that the Commission grant its Application promptly
based on the existing record, so it may begin providing service as an ETC in Idaho.
RESPECTFULLY SUBMITTED, this 1 st day of April, 2003.
CLEAR TALK SUPPLEMENTAL POST-HEARING BRIEF - 5
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 1 8t day of April, 2004, I caused a true and
correct copy ofthe foregoing SUPPLEMENTAL POST-HEARING BRIEF OF CLEAR
TALK to be served by the method indicated below, and addressed to the following:
Jean Jewell
Idaho Public Utilities Commission
472 West Washington Street
Post Office Box 83720
Boise, Idaho 83720-0074
(x) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( )
Overnight Mail
( )
Facsimile
( ) Electronic Mail
Dean J. Miller, Esq.
420 West Bannock
Post Office Box 2564-83701
Boise, Idaho 83702
[phone] (Fax)
i oe~mcdevitt -miller .com
(x) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( )
Overnight Mail
( )
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Philip R. Schenkenberg, Esq.
2200 First National Bank Building
332 Minnesota Street
St. Paul, Minnesota 55101
pschenkenberg~briggs. com
(x) U.S. Mail, Postage Prepaid
( )
Hand Delivered
( )
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( ) Electronic Mail
Conley Ward
Givens Pursley LLP
277 North 6th Street, Suite 200
Post Office Box 2720
Boise, Idaho 83701
[phone] (Fax)
mailto: cew~gi venspursley. com
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( ) Hand Delivered
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Lance A. Tade, Manager
State Government Affairs
Citizens Telecommunications Company of
Idaho
4 Triad Center, Suite 200
Salt Lake City, UT 84180
ltade~czn.com
(x) U.S. Mail, Postage Prepaid
( ) Hand Delivered
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CLEAR TALK
CERTIFICATE OF SERVICE - 1
Charles H. Creason, Jr.
President and General Manager
Project Mutual Telephone Cooperative
Association, Inc.
507 G Street
Post Office Box 366
Rupert, Idaho 83350
John Hammond, Deputy AG
Idaho Public Utilities Commission
472 West Washington Street
Boise, Idaho 83720-0074
[phone] (Fax)
ihammon~puc. state.id.
Clay Sturgis, Senior Manager
MOSS ADAMS LLP
601 Riverside, Suite 1800
Spokane, W A 99201-0063
clays~mossadams.com
Morgan W. Richards, Esq.
Moffatt, Thomas, Barrett, Rock & Fields
101 S. Capitol Blvd, 10th Floor
P. O. Box 829
Boise, Idaho 83701-0829
[phone] (Fax)
mwr~moffatt.com
Mary S. Hobson
Stoel Rives LLP
101 S. Capitol Blvd, Suite 1900
Boise, Idaho 83702-5958
[phone] (Fax)
mshobson~stoel.com
CLEAR TALK
CERTIFICATE OF SERVICE - 2
(x) U.S. Mail, Postage Prepaid
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( ) Overnight Mail
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Facsimile
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Robert M. Nielsen
548 E Street
Post Office Box 706
Rupert, Idaho 83350
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Signed \o\ ~.s
Nina Curtis
CLEAR TALK
CERTIFICATE OF SERVICE - 3