20140630Farmers Mutual FCC Form 481.pdf

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WA FEDX - CONI'IDFNTIAI FILING
Ms. )ean fewell, Commission Secretary
Idaho Public Utilities Commission
47 2 W. Washington Street
Boise, ldaho 837 20 -007 4
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Re: Farmers Mutual Telephone Company FCC Form 48L - Carrier Annual Reporting Data
Collection Form, in Compliance with 47 C.F.R. SS 54.313 and54.422
Dear Ms. fewell:
On behalf of Farmers Mutual Telephone Company (the Company), attached is a copy of the
Company's FCC Form 481 - CarrierAnnual Reporting Data Collection Form, in compliance with 47
C.F.R. SS 54.313 and54.422.
The attached report is provided to the Idaho Public Utilities Commission (PUC) in accordance
with 47 C.F.R. SS 54.313(i) and54.422(c).
Redacted financial information is included as an attachment to the FCC Form 481. A hard copy of
the non-redacted confidential financial information that has been filed with the Federal
Communications Commission (FCC) subject to a Protective Order, issued by the FCC on
November L6,20L2, and the FCC's confidentiality rules, is also being submitted to the PUC, via
overnight delivery as confidential information that is exempt from disclosure under the Idaho
Public Utilities Commission Rules of Procedure, Rule 67. The information is proprietary in nature
and is not generally available to the public through regulatory disclosure or other means, and
would give an advantage to a competitor if made public.
The Affidavit of Business or Corporate Officer is also attached.
If you have any questions or need additional information, please contact me at 209-955-6116 or via
e-mail at [e-mail].
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Eric N. Votaw, Senior Manager
For Moss Adams
Enclosures
cc: Daniel Greig - General Manager Farmers Mutual Telephone Company
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CONFIDENTIAL FILING
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Marlene H. Dortch, Secretary
Federal Communications Commission
Office of the Secretary
44512t Street, S.W.
Washington, DC 20554
RE: Confidential Financial Information Subiect to Protective Order in WC Docket Nos.
10-90. 07-135. 05-337. 03-109. CC Docket Nos. 01-92. 96-45. GN Docket No. 09-51.
WT Docket No. 10-208. Before the Federal Communications Commission
Dear Ms. Dortch:
Farmers Mutual Telephone Company ("FMTC"), a privately-held rate of return carrier receiving high
cost support, has electronically submitted FCC Form 481 to the Commission with redacted Line 3005
financial data and five-year build out plan in Line 100. FMTC respectfully provides the Commission with
its confidential financial data so that all its reporting obligations are satisfied.
FMTC, by its authorized representative, respectfully submits confidential information in compliance
with 47 C.F.R. SS 54.313 and 54.422, under seal, as specified with the Protective Ordered adopted on
November 16,2012 ["Protective Order") and also in conjunction with 47 C.F.R. SS 0.457 and 0.459.
Further iustification for this confidential filing is identified below in accordance with 47 C.F.R 50.459(b).
FMTC requests confidential treatment of certain information submitted with its annual reporting
requirements as a privately-held rate of return carrier and high-cost recipient in Docket No. 10-90. The
confidential information is required by 47 C.F.R. S 54.313[0(2) and includes detailed financial
information that is competitively sensitive. Disclosure of this confidential information would have a
substantial negative impact on FMTC. Such information would not normally be made available to the
public for inspection because of the financial information and should be afforded confidential treatment
under both 4 7 C.F.R. SS 0.457 and 0.459.
47 C.F.R. S 0a9[b): Information provided by FMTC includes specific information related to financial data
and is subject to protection for the following reasons:
47 C.F,R. $ 0459(b)[1) Identification of the specific information for which confidential
treatment is sought:
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FMTC requests that all financial data be treated on a confidential basis under
Exemption 4 of the Freedom of Information Act. FMTC maintains this information is
confidential, competitively sensitive data not normally made available to the public.
Release of this information would have a substantial negative competitive impact on
FMTC. The non-redacted version of the cover letter for FMTC's submission and each
page of the file containing confidential information is maTked, "CONFIDENTIAL
FINANCIAL TNFORMATION SUBIECT TO PROTECTIVE ORDER IN WC DOCKET NOS. 10-
go,07-L35,05-337,03-109, CC DOCKET NOS. 01-92, 96-45, GN DOCKET NO. 09-51, WT
DOCKET NO. 1O-208, BEFORE THE FEDEML COMMUNICATIONS COMMISSION."
47 C.F.R. I0459(b)(2) Identification of the Commission proceeding in which the
information was submitted:
The information is being submitted in compliance with 4 7 C.F.R. S 54.313[0[2) and is to
be filed in WC Docket No. 10-90. Privately held rate of return carriers that receive high-
cost support must complete the FCC Form 481 to include a full and complete annual
support of the company's financial condition and operations as of the end of the
preceding fiscal year (sections of which FMTC is requesting be afforded confidential
treatment).
47 C.F.R.8 0459(b)(3) Explanation of the degree to which the information is commercial
or financial or contains a trade secret or is privileged:
The information designated as confidential is detailed financial information including a
balance sheet, income statement, cash flow statement that is competitively sensitive
information not normally released to the public. Release of any of this commercial or
financial information would have a substantial negative competitive impact on FMTC.
47 C.F.R. Q 0459(b)(4)&(5J Explanation of the degree to which the information concerns
a service that is subject to competition and how disclosure of the information could
result in substantial competitive harm:
This type of commercial and financial information is generally not subject to routine
public inspection under the Commission's rules (47 C.F.R. S 0.457(d)), demonstrating
that the Commission already anticipates that the release of this type of information
likelywould produce competitive harm. Release of the information designated as
confidential would allow competitors to become aware of sensitive proprietary
information regarding the operation of FMTC's business and would cause FMTC
substantial competitive harm.
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47 C.F.R. S 0459(b) (6)&(7) Identification of measures taken by the Company to prevent
unauthorized disclosure: availability of the information to the public and extent of any
previous disclosure of the information to third parties:
FMTC treats and has treated the non-public information included in this submission as
confidential and has protected it from disclosure to parties outside the Company.Any
financial information required to be submitted to a state regulatory authority has been
filed as confidential information, not available to the public, in accordance with state
rules and/or statutes.
47 C.F.R. I 0459(b)(B) Iustification of the period during which the Compangasserts that
material should not be available for public disclosure:
FMTC cannot determine any date on which this information should not be considered
confidential. However FMTC does believe that this information should be treated
confidential for a minimum of 10 years.
47 C.F.R. € 0459[b)(B) Other information the Company believes may be useful in
assessing whether its request for confidentiality be granted:
Under applicable Commission rules and court rulings, the information designated by the
Company as confidential should be withheld from public disclosure. Exemption 4 of the
Freedom of Information Act protects information that is commercial or financial in
nature; obtained from a person outside government; and privileged or confidential.
As specified in the Protective Order, two copies of the redacted confidential information are being filed
simultaneously with the non-redacted confidential information. The redacted information for this filing
and each page of the file where confidential information has been omitted is marked "REDACTED - FOR
PUBLIC INSPECTION"
Please feel free to contact me with any questions regarding this particular matter.
Sincerely,
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Eric N. Votaw, Senior Manager
For Moss Adams LLP
Enclosures
Mr. Charles Tyler, FCC Telecommunications Access Policy Division
Daniel Greig - General Manager Farmers Mutual Telephone Company
State of CERTIFICATION BY ELIGIBLE TELECOMM UNICATIONS CARRIER
OF COMPLIANCEWITH SERVICE QUALIWAND CUSTOMER
PROTECTION, ABILITY TO REMAIN FUNCTI ONAL IN EMERGENCIES,
AND USE OF FEDERAL HIGH.COST SUPPORT.
AFFIDAVIT OF BUSINESS OR GORPORATE OFFICER
Gounty of
The ldaho Public Utilities Commission Order No. 29841requires that Eligible Telecommunications Caniers
certif,that it is compliant with applicable service quality standards and consumer protection rules; and ETCs
must demonstrate the abilityto remain functional in emergencies. ln addition, the Commission must file an
annual certification with the USAC and the FCC that allfedera! high+ost support provided to ETCs within the
State of ldaho will be used only for the provision, maintenance, and upgrading of facilities and seryices for
which the support is intended. Accordingly, the undersigned states and verifies under oath the following:
1.larnanofficorofryaneligibletelecommunicationscarrierforreceivingfederal
universal seryice support under section 214(a'l of the Telecommunicatione Act of 1996 in the strate of
ldaho.
2, I am familiar with thE Company's day-today operations in the state of ldaho and with the State's
service quality standards and consumer protection rules as set forth in Commission Order No, 29841.
3.@complyingwithapplicableseMcequaIitystandardsandconsumer
protection rules of the Federal Communications Commission and the ldaho Public Utilities
Commission.
4. ! certiff to the Commission that the Company is able to remain functional in emergencies as set forth in
Commission Order No. 29841 and in 47 C.F.R. $ 54.201(a)(2).
5.lalsocertiffthatallfederaluniversalservicesupportfundsreceivedbyFryduring
the cunent calendar year will be used in a manner consistent with section 254(e); that is, for the
provision, maintenance, and upgrading of facilities and services forwhich the support is intended. The
cornpany will continue to comply for the period of January 1,2015, through December 31, 2015, to be
etigible for federal universal service fund support
6. This verification and affidavit is provided to be the ldaho Public Utilities Commission to enable the IPUC
to certiff to the FCC that federal universal service support received by the eligible caniers in the state
will be used in a manner consistent with Section 2il(el of the Telecommunications Act.
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