20040224Nextel FCC Filing.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~mcdevitt -miller .com
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]
pschenkenberg~briggs. com
Attorneys for NPCR, Inc. d/b/a Nextel Partners
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U TIU r iE~3 COr4i'\JSSION
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
In the Matter of the Petition of IA T
Communications, Inc. d/b/a NTCH-Idaho, Inc., or
Clear Talk, for Designation as an Eligible
Telecommunications Carrier
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 Service
Support
Case No. GNR-03-
Case No. GNR-03-
NEXTEL PARTNERS' SUPPLEMENTAL FILING TO ADDRESS THE FCC'
VIRGINIA CELLULAR DECISION
NPCR, Inc. d/b/a Nextel Partners ("Nextel Partners" or the "Company ), submits this
Supplemental Filing in support of its Application for designation as a federal eligible
telecommunications carrier ("ETC") to address the FCC's recent decision designating Virginia
NEXTEL PARTNERS' SUPPLEMENTAL FILING TO ADDRESS THE FCC'S VIRGINIA CELLULAR DECISION-
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 in 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
In the Virginia Cellular Order the FCC recognized that the designation of a wireless
competitive ETC in rural areas serves the public interest and furthers 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. In addition, the FCC
specifically recognized that greater access to mobile emergency services "can mitigate the
unique risks of geographic isolation associated with living in rural communities.Virginia
Cellular Order ~ 29. As was demonstrated on the record in this case, Nextel Partners will
provide these and other public interest benefits as an ETC in Idaho.
The FCC further considered voluntary commitments Virginia Cellular made regarding
customer service, reporting, and extension of facilities. The FCC embraced these commitments
as consistent with the public interest, and recognized that these commitments alleviated certain
concerns raised by opponents of ETC designations.
The concerns acknowledged by the FCC in Virginia Cellular were similarly raised in this
Docket. To address those concerns, Nextel Partners will make comparable commitments set
forth below, which further demonstrate the public interest benefits associated with granting
Nextel Partners' Application in the state of Idaho. The Commission can incorporate these
conditions into an order designating Nextel Partners as an ETC.
NEXTEL PARTNERS' SUPPLEMENTAL FILING TO ADDRESS THE FCC'S VIRGINIA CELLULAR DECISION-
Adoption of the CTIA Consumer Code for Wireless Service
The wireless industry is a competitive industry, where market forces have been allowed
to shape customer service. The FCC recognized, however, that the CTIA Consumer Code for
Wireless Service contains important customer protections, and that the adoption of those
standards evidences a wireless ETC's commitment to customer service and service quality
consistent with the public interest. Virginia Cellular Order ~ 30. Nextel Partners will adopt the
CTIA Consumer Code where it is designated as an ETC, and suggests that the Commission
incorporate this commitment into a designation order. A copy of the Consumer Code is attached
as Exhibit A. The Company hopes that its formal adoption of and compliance with these
principles will allow Nextel Partners to build on its industry-leading reputation for customer
satisfaction and retention.
Consumer Complaint Reporting
The FCC determined in Virginia Cellular that the public interest was served by further
efforts to collect service quality data from competitive ETCs. Virginia Cellular Order ~ 30.
Nextel Partners supports these efforts and likewise commits to providing the Commission, on an
annual basis, with the number of consumer complaints per 1 000 handsets. Id.The company
will also 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. That
contact person will have access to customer account information and the authority to resolve
customer service issues.
Service Provisioning Commitment
To ensure that Nextel Partners meets its ETC obligation to respond to reasonable requests
for service, the Company will implement the following steps, which were presented by Virginia
Cellular and embraced by the FCC:
NEXTEL PARTNERS' SUPPLEMENTAL FILING TO ADDRESS THE FCC'S VIRGINIA CELLULAR DECISION-
1 )If a request comes from a customer within its existing network, Nextel
Partners will provide service immediately using customer equipment
selected by the customer. In practice, if Nextel Partners receives an
Internet or phone order prior to 4:00 p., the phone is delivered by
overnight mail the following morning.
If a customer cannot be served by existing network facilities, Nextel
Partners will allow the customer to make a written request for service in a
specific location. In response, Nextel Partners will take a series of steps to
provide service.
First, Nextel Partners will determine whether the customer s equipment
can be modified or replaced to provide service in a desired location.
Second, it will determine whether the customer could be provided with
other network equipment (booster, antenna, or 3 watt unit) to provide
service in the requested location.
Third, Nextel Partners will determine whether adjustments at the nearest
cell site can be made to provide service.
Fourth, Nextel Partners will determine whether there are any other
adjustments to either the network or the customer facilities that can be
made to provide service.
Fifth, Nextel Partners will explore the possibility of offering resold service
of carriers that have facilities available to provide service in that location.
Sixth, Nextel Partners will determine whether additional network
infrastructure (additional cell site, extender or repeater) could be
constructed to provide service, and evaluate the costs and benefits of using
high-cost universal service support to serve a number of customers
requesting service.
, after these steps , the customer cannot be served, Nextel Partners will notify the
customer and provide the Commission with an annual report of how many requests for service
could not be filled. The Commission would retain jurisdiction and authority to consider whether
Nextel Partners has responded appropriately to a request for service as required by an ETc.
Nextel Partners believes that the formalization of this process will benefit consumers and
give the Commission more confidence that Nextel Partners will meet its obligations to provide
service "upon reasonable request" as an ETC.
NEXTEL PARTNERS' SUPPLEMENTAL FILING TO ADDRESS THE FCC'S VIRGINIA CELLULAR DECISION-
Use of Support and Progress Meeting Buildout Goals
The FCC's rules provide a mechanism for ensuring that all ETCs are using support for
the purposes for which that support is intended. Nextel Partners will comply with all applicable
rules addressing those standards. In addition, Nextel Partners will 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.The FCC recognized that this
commitment would provide important information that could be used to evaluate an ETC's
progress towards meeting its obligation to provide service throughout a service area. Virginia
Cellular Order ~ 30. Nextel Partners proposes that the Commission can and should incorporate
these standards into an order approving Nextel Partners' Application.
II.NEXTEL PARTNERS' REQUEST TO SERVE IN CERTAIN CITIZENS WIRE
CENTERS IS NOT AFFECTED BY VIRGINIA CELLULAR
The FCC'Virginia Cellular Order contains a significant amount of discussion regarding
a competitive ETC's request to serve in a part of a rural telephone company s study area. For
some such requests, the FCC adopted a more rigorous "creamskimming" analysis that compares
population density for areas served with population density for areas not served.Virginia
Cellular Order ~~ 34-35.Where Virginia Cellular would have obtained a significant
competitive benefit from serving only low-cost, high-support areas, the FCC denied the
redefinition request.
The FCC's redefinition analysis is no consequence in this Docket.The FCC has
continued to limit "creamskimming" to areas with low costs and high support amounts:
Rural creamskimming occurs when competitors seek to serve only the low-cost
high revenue customers in a rural telephone company s study area.
Virginia Cellular Order ~ 32. See also In the Matter of Federal State Joint Board on Universal
Service CC Docket No. 96-Memorandum Opinion and Order DA 02-3181 , ~ 27 (reI. Nov.
NEXTEL PARTNERS' SUPPLEMENTAL FILING TO ADDRESS THE FCC'S VIRGINIA CELLULAR DECISION-
, 2002) ("Rural creamskimming occurs when competitors seek to serve only the low-cost, high
revenue customers in a rural telephone company s study area.
In this case, N extel Partners seeks to serve entire rural company study areas in every case
except for Citizens. Moreover, Citizens has gone through the process of targeting high support
amounts to high-cost exchanges, and low support amounts to low-cost exchanges. As a result
there are no "low cost, high revenue" exchanges which could be "cream skimmed" by a
competitor. As a result, there is no risk of "creamskimming," and no need to open the record to
conduct a population density as was done by the FCC in Virginia Cellular.
CONCLUSION
Nextel Partners 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.
Dated: February 24 , 2004 NPCR, INC. d/b/a NEXTEL PARTNERS
By ~g 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
NEXTEL PARTNERS' SUPPLEMENTAL FILING TO ADDRESS THE FCC'S VIRGINIA CELLULAR DECISION-
Consumer (~ode
for
Wireless Service
To provide consumers with information to help them make informed choices when
selecting wireless service , to help ensure that consumers understand their wireless serv-
ice and rate plans, and to continue to provide wireless service that meets consumers
needs, the CTIA and the wireless carriers that are signatories below have developed the
following Consumer Code. The carriers that are signatories to this Code have voluntar-
ily adopted the principles, disclosures, and practices here for wireless service provided
to individual consumers.
THE WIRELESS CARRIERS THAT ARE SIGNATORIES TO THIS CODE WILL:
ONE
DISCLOSE RATES AND TERMS OF SERVICE TO CONSUMERS
or each rate plan offered to new consumers, wireless carriers will make available to consumers in col-
lateral or other disclosures at point of sale and on their web sites, at least the following information
as applicable: (a) the calling area for the plan; (b) the monthly access fee or base charge; (c) the number
of airtime minutes included in the plan; (d) any nights and weekend minutes included in the plan or other
differing charges for different time periods and the time periods when nights and weekend minutes or
other charges apply; (e) the charges for excess or additional minutes; (f) per-minute long distance charges
or whether long distance is included in other rates; (g) per-minute roaming or off-network charges; (h)
whether any additional taxes, fees or surcharges apply; (i) the amount or range of any such fees or sur-
charges that are collected and retained by the carrier; (j) whether a fixed-term contract is required and its
duration; (k) any activation or initiation fee; and (I) any early termination fee that applies and the trial peri-
od during which no early termination fee will apply.
TWO
MAKE AVAILABLE MAPS SHOWING WHERE SERVICE IS GENERALLY AVAILABLE
ireless carriers will make available at point of sale and on their web sites maps depicting approxi-
mate voice service coverage applicable to each of their rate plans currently offered to consumers.
To enable consumers to make comparisons among carriers, these maps will be generated using general-
ly accepted methodologies and standards to depict the carrier s outdoor coverage. All such maps will
contain an appropriate legend concerning limitations and/o.,r: variations in wireless coverage and map
Case Nos. GNR-O3-8 & 16
Exhibit A, Page 1 of 3
usage, including any geographic limitations on the availability of any services included in the rate plan.
Wireless carriers will periodically update such maps as necessary to keep them reasonably current. If nec-
essary to show the extent of service coverage available to customers from carriers' roaming partners , car-
riers will request and incorporate coverage maps from roaming partners that are generated using similar
industry-accepted criteria, or if such information is not available, incorporate publicly available informa-
tion regarding roaming partners' coverage areas.
THREE
PROVIDE CONTRACT TERMS TO CUSTOMERS AND CONFIRM CHANGES IN SERVICE
hen a customer initiates service with a wireless carrier or agrees to a change in service whereby the
customer is bound to a contract extension , the carrier will provide or confirm the material terms and
conditions of service with the subscriber.
FOUR
ALLOW A TRIAL PERIOD FOR NEW SERVICE
hen a customer initiates service with a wireless carrier, the customer will be informed of and given
a period of not less than 14 days to try out the service. The carrier will not impose an early termi-
nation fee if the customer cancels service within this period, provided that the customer complies with
applicable return and/or exchange policies. Other charges, including airtime usage, may still apply.
FIVE
PROVIDE SPECIFIC DISCLOSURES IN ADVERTISING
n advertising of prices for wireless service or devices, wireless carriers will disclose material charges and
conditions related to the advertised prices, including if applicable and to the extent the advertising
medium reasonably allows: (a) activation or initiation fees; (b) monthly access fees or base charges; (c) any
required contract term; (d) early termination fees; (e) the terms and conditions related to receiving a prod-
uct or service for "free;" (f) the times of any peak and off-peak calling periods; (g) whether different or
additional charges apply for calls outside of the carrier s network or outside of designated calling areas;
(h) for any rate plan advertised as "nationwide " (or using similar terms), the carrier will have available sub-
stantiation for this claim; (i) whether prices or benefits apply only for a limited time or promotional peri-
od and, if so, any different fees or charges to be paid for the remainder of the contract term; (j) whether
any additional taxes, fees or surcharges apply; and (k) the amount or range of any such fees or surcharges
collected and retained by the carrier.
SIX
SEPARATELY IDENTIFY CARRIER CHARGES FROM TAXES ON BILLING STATEMENTS
n customers' bills, carriers will distinguish (a) monthly charges for service and features, and other
charges collected and retained by the carrier, from (b) taxes, fees and other charges collected by the
carrier and remitted to federal state or local governments. Carriers will not label cost recovery fees
charges as taxes.
Case Nos. GNR-O3-8 & 16
Exhibit A, Page 2 of 3
SEVEN
PROVIDE CUSTOMERS THE RIGHT TO TERMINATE SERVICE
FOR CHANGES TO CONTRACT TERMS
arriers will not modify the material terms of their subscribers' contracts in a manner that is materially
adverse to subscribers without providing a reasonable advance notice of a proposed modification
and allowing subscribers a time period of not less than 14 days to cancel their contracts with no early ter-
mination fee.
EIGHT
PROVIDE READY ACCESS TO CUSTOMER SERVICE
ustomers will be provided a toll-free telephone number to access a carrier s customer service during
normal business hours. Customer service contact information will be provided to customers online
and on billing statements. Each wireless carrier will provide information about how customers can con-
tact the carrier in writing, by toll-free telephone number, via the Internet or otherwise with any inquiries
or complaints, and this information will be included , at a minimum, on all billing statements, in written
responses to customer inquiries and on carriers' web sites. Each carrier will also make such contact infor-
mation available, upon request, to any customer calling the carriers customer service departments.
NINE
PROMPTLY RESPOND TO CONSUMER INQUIRIES AND COMPLAINTS
RECEIVED FROM GOVERNMENT AGENCIES
ireless carriers will respond in writing to state or federal administrative agencies within 30 days of
receiving written consumer complaints from any such agency.
TEN
ABIDE BY POLICIES FOR PROTECTION OF CUSTOMER PRIVACY
ach wireless carrier will abide by a policy regarding the privacy of customer information in accordance
with applicable federal and state laws, and will make available to the public its privacy policy con-
cerning information collected online.
Case Nos. GNR-O3-8 & 16
Exhibit A, Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on I caused to be served true and correct copies of the foregoing document Nextel
Partners' Supplemental Filing To Address The FCC's Virginia Cellular Decision by the methode s) indicated, upon:
Hand Delivered Mary S. Hobson Hand Delivered
Glenn Ishihara, President Federal Express STOR RIVES LLP Federal Express
IAT COMMUNICATIONS, INc.S. Mail 101 So. Capitol Blvd., Suite 1900 S. Mail
703 Pier Avenue, Suite B; PMB 813 Telecopy Boise, Idaho 83702 Telecopy
Hennosa Beach, California 90254 mshobson~stoel.com Email
Attorneys for ~west Corporation
Molly O'Leary Hand Delivered Robert M. Nielsen Hand Delivered
RICHARDSON &: O'LEARY Federal Express ATTORNEY AT LAw Federal Express
99 East State Street, Suite 200 S. Mail O. Box 706 S. Mail
Q. Box 1849 Telecopy Rupert, Idaho 83350 Telecopy
Eagle, Idaho 83616 Email Attorney for Project Mutua! Telephone Email
moll y(!Yrichardsonandoleary. com Cooperative Association, Inc.
Attorney for IA Communications, Inc.
Conley E. Ward, Jr. Hand Delivered Charles H. Creason, Jr. Hand Delivered
GIVENS PURSLEY, LLP Federal Express President &: General Manager Federal Express
227 North 6th Street, Suite 200 S. Mail PRDjECT MUTUAL TELEPHDNE CDDP,S. Mail
O. Box 2720 Telecopy 507 G Street Telecopy
Boise, Idaho 83701~ 2720 Email O. Box 366 Email
cew~givenspursley .com Rupert, Idaho 83350
Attorney for Idaho Telephone Association ccreason~mt.coo
Clay Sturgis, Senior Manager Hand Delivered John Hammond, Deputy AG Hand Delivered
Moss ADAMS LLP Federal Express ID PUBLIC UTILITIES COMMISSION Federal Express
601 Riverside, Suite 1800 S. Mail 472 West Washington Street S. Mail
Spokane, Washington 99201~0063 Telecopy O. Box 83720 Telecopy
clays~mossadams.com Email Boise, Idaho 83720~0074 Email
Attorney for Idaho Telephone Association jhammon ~puc.sta te.id. us
Commission Staff
Morgan W. Richards Hand Delivered Eric Steinmann, Corporate Counsel Hand Delivered
MDFFAT THDMAS BARRETT RDCK &: FIELnS Federal Express IA T COMMUNICATIONS, 1Nc.Federal Express
101 So. Capitol Blvd., 10th Floor S. Mail O. Box 1976 S. Mail
O. Box 829 Telecopy Wrightwood, California 92397 Telecopy
Boise, Idaho 83701 Email
mwr~moffatt.com
Attorneys for Citizens Telecommunications of Idaho
Lance A. T ade, Manager Hand Delivered
State Government Affairs Federal Express
CITIZENS TELECDMMUNICATIDNS DF IDAHo.S. Mail
4 Triad Center, Suite 200 Telecopy
Salt Lake City, Utah 84180 Email
Itade~czn.com
Attorney for Citizens Telecommunications of Idaho
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CERTIFICATE OF SERVICE