20030429Application.pdf

ORIGINAL
McDEVITT & MILLER, LLP
Dean 1. Miller (ISB No. 1968)
420 West Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
Phone [phone]
Facsimile [phone]
j oe(fYmcdevitt- miller .com
RECEiVED
FILED 1:1
ZO03 APR 28 PM :3: 51
I:=/,:;,j FUC\.
UTILITIES COl'-H11SSION
BRIGGS AND MORGAN, P.
Philip R. Schenkenberg (MN #260551)
2200 First National Bank Building
332 Minnesota Street
Saint Paul, Minnesota 55101
Phone [phone]
Facsimile [phone]
P sc h e nk en berg(fY b ri ggs. com
Attorneys For NPCR, Inc. d/b/a Nextel Partners
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Application of NPCR, INc. )d/b/a NEXTEL PARTNERS Seeking
Designation as an Eligible Telecommunications
Carrier that may receive Federal Universal ServiceSupport
Case No. CA"l(/ ~O.3- J~
APPLICATION OF
NEXTEL PARTNERS
Introduction
NPCR, Inc. d/b/a Nextel Partners ("Nextel Partners ), pursuant to 47 US.
9 214(e)(2) of the Communications Act of 1934, as amended (the "Act"), hereby submits this
Application for Designation ("Application ) as a federal eligible telecommunications carrier
ETC") in the state ofIdaho.
Nextel Partners docs not by this Application seek designation as an eligible
telecommunication carrier for purposes of receiving support from the Idaho Universal Service
Fund pursuant to Idaho Code 9 62-610 et. seq.
APPLICATION OF NEXTEL PARTNERS
Nextel Partners licensed to provide and does provide wireless
telecommunications services in certain designated areas (the "Designated Areas ) of Idaho.
With the exception of areas served by Citizens Telecommunications Company of Idaho
Citizens ), each of these Designated Areas is a study area of a rural telephone company as
defined in Section 153(37) of the Act. With regard to areas served by Citizens, the Designated
Areas are identified as specific Citizens exchanges. As demonstrated herein, Nextel Partners
meets all of the requirements for designation as an ETC in each of these Designated Areas and
respectfully requests that the Commission promptly grant this Application.
As set forth below, Nextel Partners requests conditional designation in the
Citizens exchanges, with designation effective upon the redefinition of Citizens' ETC service
area along exchange boundaries under the procedures identified in 47 C.R. 954.207.
II.Identification of Nextel Partners
Nextel Partners is a Delaware corporation with a principal place of business
located at 10120 West 76th Street, Eden Prairie, MN 55344.
Nextel Partners is a provider of commercial mobile radio serVIces ("CMRS"
licensed by the Federal Communications Commission ("FCC") under federal law.
Nextel Partners provides service to over 900 000 subscribers nationwide under the
brand name "Nextel." Nextel Partners typically holds licenses in rural service areas, while
Nextel Communications, Inc., a separately publicly traded company with over 11 million
subscribers, typically holds licenses in urban areas.
! A list of the rural telephone company study areas for which Nextel Partners seeks designation
in this Application (also referred to herein as the "Designated Areas ) is set forth as Attachment
1 hereto.
APPLICATION OF NEXTEL PARTNERS - 2
III.Statement of Facts Supporting Application
Nextel Partners Meets All the Requirements for Designation as an Eligible
Telecommunications Carrier
Under 47 US.C. 9 214(e)(2), the Idaho Public Utilities Commission
Commission ) has jurisdiction and authority to designate Nextel Partners as an ETC in its
Designated Areas. The requirements for ETC designat~on are set forth in 47 US.C. 9214(e)(1)-
(2) and 47 c.F.R. 9 54.101. As set forth below, Nextel Partners: (1) is a common carrier; (2)
provides the supported services; and (3) will meet all service and advertising obligations of an
ETC.In addition, in areas served by rural telephone companies, Nextel Partners' ETC
designation serves the public interest.
Nextel Partners is a Common Carrier Providing Service Over its Own
Facilities
As a CMRS provider, Nextel Partners is a "common carrier" under federal law, as
required by 47 U.c. 9 214(e)(l). Nextel Partners is a facilities-based provider, and will
provide supported services using its own facilities, or a combination of its own facilities and
leased facilities.
Nextel Partners Offers All Required Services and Functionalities
10.Nextel Partners provides each of the supported services identified by the FCC in
47 C.R. 9 54.101(a) as follows:
(a)Voice-grade access to the public switched telephone network.Voice-
grade access" means the ability to make and receive phone calls, within the 300 to 3000 Hertz
frequency range. 47 C.R. 954.101(a)(1). Through its interconnection arrangements with local
telephone companies, all Idaho customers of Nextel Partners are able to make and receive calls
on the public switched network within the FCC's specified bandwidth.
APPLICATION OF NEXTEL PARTNERS
(b)Local usage.An ETC must include an amount of free local usage as part
of a universal service offering. 41 C.R. 954.101(a)(2). To date, the FCC has not quantified a
minimum amount of local usage required to be included in a universal service offering, but has
initiated a separate proceeding to address this issue. See Universal Service Further Notice of
Proposed Rulemaking, FCC 98-278 (Oct. 26, 1998) October 1998 NPRM'
).
Nextel Partners
will meet the local usage requirement by including local usage to its universal service customers.
(c)Dual-tone, multi-frequency ("DTMF"signaling, or its functional
equivalent.DTMF is a method of signaling that facilitates the transportation of call set-up and
call detail information. 47 c.F.R. 954.101(a)(3). Nextel Partners currently uses out-of-band
digital signaling and in-band multi-frequency ("MF") signaling that is functionally equivalent to
DTMF signaling.
(d)Single-party service or its functional equivalent.Single-party service
means that only one party will be served by a subscriber loop or access line, in contrast to a
multi-party line.47 C.R. 9 54.101(d).In the Matter of Federal-State Joint Board on
Universal Service CC Docket 96-, Report and Order, FCC 97-157, ~ 162 (reI. May 7, 1997)
("
Universal Service Order
).
Nextel Partners meets this requirement of single-party service by
providing a dedicated message path for the length of all customer calls.
(e)Access to emergency services.The ability to reach a public emergency
service provider by dialing 911 is a required service in any universal service offering. Enhanced
911 ("E911 ") which includes the capability of providing both automatic numbering information
ANI") and automatic location information CALI"), is only required if a public emergency
service provider makes arrangements with the local provider for the delivery of such
information. 47 C.R. 9 54.101(a)(5). Nextel Partners provides universal access to the 911
APPLICATION OF NEXTEL PARTNERS - 4
system for its customers, and has implemented and will continue to implement E911 serVIces
consistent with the FCC's Rules and Orders and local PSAP requests. To date, Nextel Partners
has launched Ada County, Idaho at Phase II E911 service. See Core Wireless Communications,
LLC CC Docket No. 96-, Memorandum Opinion and Order, DA 02-2855 , ~ 9 fn. 28 (reI. Oct.
, 2002) (noting provision of 911 , implementation of Phase I E911 where requested, and waiver
of Phase II E911).
(f)Access to operator services
. "
Access to operator services" is defined as
any automatic or live assistance provided to a consumer to arrange for the billing or completion
or both, of a telephone call. 47 C.R. 9 54.101(a)(6). Nextel Partners meets this requirement by
providing all of its customers with access to operator services provided by either itself or other
entities (e.g. LECs, IXCs, etc.
(g)
Access to interexchange service.A universal service provider must offer
consumers access to interexchange service to make and receive interexchange calls. Nextel
Partners presently meets this requirement by providing all of its customers with the ability to
make and receive interexchange or toll calls through direct interconnection arrangements it has
with several interexchange carriers (IXCs). Additionally, customers are able to reach their IXC
of choice by dialing the appropriate access code.
(h)Access to directory assistance
. "
Access to directory assistance " means the
ability to place a call directly to directory assistance. 47 C.R. 9 54.101(a)(8). Nextel Partners
meets this requirement by providing all of its customers with access to directory assistance by
dialing "411.
(i)Toll limitation for qualifying low income consumers. An ETC must offer
either "toll control" or "toll blocking " services to qualifying Lifeline customers at no charge.
APPLICATION OF NEXTEL PARTNERS
The FCC no longer requires an ETC to provide both services as part of the toll limitation service
required under 47 C.R. 954.101(a)(9).See Universal Service Fourth Order
Reconsideration FCC 97-420 (Dec. 30, 1997).In particular, all ETCs must provide toll
blocking, which allows customers to block the completion of outgoing toll calls. Universal
Service Order ~ 82. Nextel Partners currently has no Lifeline customers because only a carrier
designated as an ETC can participate in Lifeline. See 47 C.R. 9 54.400-.415. Once designated
as an ETC, Nextel Partners will participate in Lifeline and Link Up and will provide toll
blocking in satisfaction of federal and state requirements. Nextel Partners will utilize toll
blocking technology to provide the service to its Lifeline and Link Up customers, at no charge
as part of its universal service offerings.
Nextel Partners Will Offer and Advertise the Availability of
Supported Services
11.Nextel Partners provides services today within the Designated Areas using its
existing network facilities.Upon designation, Nextel Partners with provide the supported
services within those Designated Areas consistent with the obligations of an ETC.
12.Nextel Partners will also advertise the availability of the supported services and
charges therefore using media of general distribution, in accordance with the requirements of 47
c.F.R. 954.201(d)(2).The Nextel brand name is currently advertised in newspapers and
magazines and on radio and television. Nextel Partners will continue to advertise its services in
Designated Areas once designated as an ETC.
Nextel Partners Requests Designation Throughout Each of the Designated
Areas
13.Pursuant to 47 US.c. 9 214(e)(1), Nextel Partners requests designation as an ETC
throughout each of the Designated Areas within the state of Idaho, as set forth in Attachment 1.
As noted above, with the exception of Citizens exchanges, each of these Designated Areas is a
APPLICATION OF NEXTEL PARTNERS
study area of a rural telephone company. Because Nextel Partners is not able to serve all
Citizens exchanges within Idaho, it has identified only those exchanges where it can meet its
obligations as an ETC. As discussed below, Nextel Partners seeks conditional designation in the
identified Citizens exchanges, and requests that the Commission initiate a proceeding in
accordance with 47 C.R. 9 54.207 to redefine the Citizens ETC service area on an exchange
boundary.In Attachment 2 hereto, Nextel Partners provides a map of its current signal
coverage area.
Designation of Nextel Partners as an ETC for the Designated Areas In the
State of Idaho Would Serve the Public Interest
14.F or areas served by rural telephone companies, the Commission must find that
designating serves the public interest in accordance with 47 US.C. 9 214(e)(2). Designation of
Nextel Partners as an ETC in its Designated Areas will serve the public interest.
15.The public interest is served where consumers will benefit from the provision of
competitive universal services. Designating Nextel Partners as an ETC will increase competition
and consumer choice, and will allow Nextel Partners to provide universal service on a more
competitively-neutral basis than is the case today.
16.Nextel Partners will provide supported services to Idaho consumers with service
offerings that will be different from landline offerings. Nextel Partners' offerings have a larger
local calling area, and the benefits of mobility. Because Nextel Partners' network supports the
provisions of data services, customers will be able to combine basic universal services with
advanced services if they so desire.
2 For purposes of this Application
, the coverage map provided in Attachment 2 hereto reflects
the result of a conservative radio frequency propagation analysis assuming a three-watt wireless
phone. Actual service area will increase or decrease based on geographic and atmospheric
conditions, as well as man-made radiofrequency or physical structure interference.
APPLICATION OF NEXTEL PARTNERS
17.Wireless technology and networks have been rapidly deployed in the past
years. This deployment and network expansion must continue if rural consumers will have full
access to this technology in the future. The use of federal universal service support to provide
universal services and extend wireless networks in rural areas in Idaho clearly benefits the public
interest by ensuring these networks will be available to deliver basic and advanced services to
Idaho consumers.
18.Designation of Nextel Partners as an ETC will provide an incentive to the
incumbent LECs in the Designated Areas to improve their existing networks in order to remain
competitive, resulting in improved services to consumers. The benefits of competition are
presumed-increased competition can be expected to lead to better service and the provision of
new, innovative services. In the Matter of Western Wireless Corp. Petition for Designation
an Eligible Telecommunications Carrier in the State of Wyoming, CC Docket No. 96-
Memorandum Opinion and Order, DA 00-2896, ~~ 16-22 (reI. Dec. 26, 2000). Nextel Partners
will provide benefits of mobility, large local calling areas, and where requested by the PSAP
GPS location, assistance for customers dialing 911.
19.Further, designation of Nextel Partners as an ETC will also serve the public
interest because Nextel Partners will provide all of the supported services required by the
Commission, will participate in the LifeLine and Link-Up programs as required by the FCC's
Rules, and will otherwise comply with all FCC Rules governing universal service programs
which are designed to ensure that the public interest standards of the Act are achieved. Allowing
Nextel Partners access to universal service subsidies will allow Nextel Partners to continue to
enhance and expand its network infrastructure to better serve consumers in underserved, high-
cost areas ofIdaho, and to compete with other carriers on a level playing field.
APPLICATION OF NEXTEL PARTNERS
20.Finally, designation of Nextel Partners as an ETC will also serve the public
interest by further promoting the extensive role Nextel Partners plays in the provision of
communications services to Idaho public schools, libraries and local, state and federal
government agencies, specifically law enforcement. Nextel Partners provides wireless service to
9 Idaho colleges, universities, public school districts and libraries, 17 divisions of Federal
Government agencies in the state, 12 state-level agencies, and in excess of 46 local government
agencies, extensively including police, fire and similar first-responders.
21.Nextel Partners' designation will not threaten the provision of universal services
by rural telephone companies.Under the current funding mechanisms, rural telephone
companies will continue to receive funding based on an embedded cost methodology until 2006.
This extended transition period ensures the rural companies can move successfully to
competitive markets.
22.Accordingly, designation of Nextel Partners as an ETC will serve the public
interest.
IV.The Commission Should Conditionally Designate Nextel Partners as an ETC in the
Citizens Exchanges Where it Can Provide Universal Services
23.Section 214( e)( 5) of the Act defines the term "service area" as a geographic area
established by a State commission for the purpose of determining universal service obligations
and support mechanisms. 47 U.C. 9 214(e)(5). In an area served by a non-rural LEC, each
exchange is an ETC service area. For an area served by a rural LEC, Section 214(e)(5) and 47
R. 9 54.207(b) provide that the term "service area" means the rural telephone company
study area.
24.Because Citizens' Idaho study area includes groups of non-contiguous exchanges
Nextel Partners does not serve the entire study area of Citizens.
APPLICATION OF NEXTEL PARTNERS
25.In situations like this, the Commission, in conjunction with the FCC, can approve
a redefinition of Citizens' ETC service area to allow a competitive ETC to enter the market. The
Commission would conditionally grant Nextel Partners ' Application as to these exchanges , and
initiate a proceeding at the FCC to redefine the ETC service area by exchange. That process is
set forth in 47 C.R. 9 54.207. This proceeding would have no effect on Citizens' provision of
service or receipt of federal universal service funding.
26.Citizens now receives federal universal service disaggregated to the exchange
level. As a result, there is no risk that the redefinition would allow Nextel Partners to obtain high
funding amounts for serving low-cost exchanges.
27.As a result, Nextel Partners hereby requests that the Commission, in conjunction
with the FCC, redefine Citizens' service area to permit Nextel Partners to obtain ETC designation
in only those Citizens exchanges set forth in Attachment 1.
28.Nextel Partners will be represented by, and all pleadings, communications
notices and orders should be served upon:
Dean J. Miller
McDevitt & Miller LLP
420 West Bannock Street
O. Box 2564, Boise-83701
Boise, Idaho 83702
208-336-6912 (fax)
i oe(a;mcdevitt -miller. com
Philip R. Schenkenberg
Briggs and Morgan, P.
2200 First National Bank Building
St. Paul, Minnesota 55101
651-223-6450 (fax)
pschenkenberg(a; briggs. com
APPLICATION OF NEXTEL PARTNERS -
29.Nextel Partners has brought this Application to the attention of parties likely to be
interested in this proceeding by mailing a copy of this Application to the persons listed on the
attached Certificate of Service.
Prayer for Relief
WHEREFORE, Nextel Partners respectfully requests that the Commission:
A.) Enter its order establishing an intervention deadline;
) Promptly convene a pre-hearing conference;
) Thereafter, after such procedure as the Commission may prescribe, enter its
Order designating Nextel Partners as an eligible telecommunications carrier
in the Designated Areas identified herein, effective July 1 , 2003.
APPLICATION OF NEXTEL PARTNERS -
Respectfully submitted
Dated: April-R-, 2003 dIb/3 NEXTEL PARTNERS, INc.
By:
~------
McDEVITT & MILLER, LLP
Dean 1. Miller
420 West Bannock Street
O. Box 2564-83701
Boise, Idaho 83702
Phone [phone]
Facsimile [phone]
BRIGGS AND MORGAN, P.
Philip R. Schenkenberg (MN #260551)
Matthew Slaven (MN #288226)
2200 First National Bank Building
332 Minnesota Street
Saint Paul, Minnesota 55101
Phone [phone]
Facsimile [phone]
COUNSEL FOR APPLICANT
NPCR, INC d/b/a NEXTEL PARTNERS
APPLICATION OF NEXTEL PARTNERS -
CERTIFICATE OF SERVICE
I certify that the original and seven copies of the foregoing Application ofNextel Partners were
filed on April~ 2003 with:
Jean Jewell, Secretary
Idaho Public Utilities Commission
O. Box 83720
Boise, Idaho 83720-0074
and true and correct copies were forwarded on April 2003, via the methodes) indicated below, to the
following:
Conley Ward
GIVENS PURSLEY, LLP
O. Box 2720
Boise, Idaho 83701-2720
Attorneys for Idaho Telephone Association;
Albion, Filer, Farmers, Mud Lake, and Project
Mutual Telephone Companies
Hand Delivered
Federal Express
S. Mail
Telecopy
Morgan W. Richards, Jr.
MOFFAT THOMAS
101 So. Capitol Blvd., 10th Floor
O. Box 829
Boise, Idaho 83701-0829
Attorneysfor Citizens Telcom
Allan T. Thoms
VERIZON
17933 NW Evergreen Parkway
O. Box 1100
Beaverton, Oregon 97075
Hand Delivered
Federal Express
S. Mail
Telecopy
Hand Delivered
Federal Express
S. Mail
Telecopy
Hand Delivered
Federal Express
S. Mail
Telecopy
Mary S. Hobson
STOEL RIVES, LLP
101 S. Capitol Blvd., Suite 1900
Boise, Idaho 83702-5958
Attorneys for Qwest Communications
~~II
ATTACHMENT 1
Rural Telephone Company Study Areas for Which Nextel Partners
Seeks ETC Designation in This Application
Study Area Code Com Name
472213
472220
472221
472227
472231
Albion Tel Co-A TC
Filer Mutual Tel-
Farmers Mutual Tel
Mud Lake Tel Coop
Project Mutual Tel
Citizens Telecommunications Company of Idaho Exchanges for Which Nextel Partners
Seeks ETC Designation in This Application
Wire Center Code Exchange Name
ABRDIDXC
CARYIDXC
DNL YIDXC
GRVYIDXC
HMDLIDXC
MRNGIDXC
MCCLIDXC
NWMDIDXC
PARMIDXC
SPFDIDXC
SWETIDXC
WLDRIDXC
Aberdeen
Carey
Donnelley
Garden Valley
Homedale
Marsing
McCall
New Meadows
Parma
Springfield
Sweet
Wilder
Application of Nextel Partners
Attachment 1-Page 1 of 1
oBaker
cColvilie
oLibby
Nextel Partners
Idaho Coverage
Red Cloud=Coverage
Other Colors=LEC Territories
8!Missoula
~~Iena Valley West Central
oDayton oDeer Lodge
oHamilton
eAnaconda-Deer Lodge County
eButte-Silver Bow
eBozeman
eLa Grande
oDilion
oJackson
ngs
pelier
ti-ogan oKemmere
Application of Nextel Partnel
Attachment 2-Page 1 of