20100909notice_of_application_order_no_32066.pdf

Office of the Secretary
Service Date
September 9 2010
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF GOLD STAR COMMUNICATIONS, LLC
FOR DESIGNATION AS AN ELIGIBLE
TELECO MMUNI CA TI 0 NS CARRIER NOTICE OF APPLICATION
CASE NO. GOL-IO-
NOTICE OF
MODIFIED PROCEDURE
ORDER NO. 32066
On June 8 , 2010, Gold Star Communications, LLC filed an Application seeking
designation as an eligible telecommunications carrier (ETC) pursuant to the federal
Telecommunications Act and this Commission s Order No. 29841. 47 US.c. ~ 214(e)(1-2); 47
R. ~ 54.201. Gold Star is a commercial mobile radio services (CMRS) carrier providing
mobile services as defined in 47 U.C. ~ 153(27) and conducts business as "Silver Star
Wireless." Designation as an ETC would allow Gold Star to receive monetary support from the
federal Universal Service Fund (USF) and to participate in the federal Lifeline program.l Gold
Star is a full-service wireless carrier that offers universal services throughout its licensed service
area utilizing its own wireless network infrastructure.
NOTICE OF APPLICATION
YOU ARE HEREBY NOTIFIED that Gold Star provides CMRS and mobile service
on a prepaid and post-paid basis. Gold Star s prepaid customers purchase a specific amount of
local calling minutes in advance and do not execute a service contract. Under certain plans
prepaid customers also have the ability to purchase specific amounts of long-distance and
roaming minutes. Gold Star s post-paid customers sign a contract for a specific amount of
monthly user-minutes and are billed for their usage. Application at 2.
YOU ARE FURTHER NOTIFIED that Gold Star is currently licensed to serve two
basic trading areas" (BTAs) in Idaho: BTA 202 (Idaho Falls) and BTA 353 (Pocatello). Id.
Gold Star has also entered into a lease agreement with Syringa Wireless, LLC for use of
1 The Federal Communications Commission s Lifeline program is intended to promote universal service by using
USF revenues to make telecommunications service more affordable. Idaho participates in the residential Lifeline
program pursuant to Idaho Code 9 56-90 land Order No. 21713.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32066
Syringa s wireless spectrum in the areas of Wayan and the Smokey Canyon Mine owned by the
R. Simplot Company. Pursuant to these BTA authorizations, Gold Star is authorized to provide
wireless service in the following Idaho counties: Bonneville, Teton, Madison, Bingham, Butte
Custer, Lemhi, Jefferson, and Clark.
YOU ARE FURTHER NOTIFIED that the Company s proposed ETC service area is
in Teton County, eastern and northern Caribou County, and eastern Bonneville County.
YOU ARE FURTHER NOTIFIED that Gold Star will offer those federally
designated universal services which are supported by the federal USF program. These universal
services include: voice grade access to the public switched telephone network; a certain amount
of local usage; dual tone multi-frequency signaling; single-party service; access to emergency
services, operator services, long-distance services, and directory assistance; and long-distance
limitation (i., toll blocking) for qualifying low-income customers. Application at 5.
YOU ARE FURTHER NOTIFIED that upon receiving its ETC designation, Gold
Star will advertise its services in various media outlets throughout its Idaho wireless service area.
The method of advertising may include newspapers, magazines, radio, direct mailings, public
exhibits and displays, bill inserts, and telephone directory advertising. Id. at 13.
YOU ARE FURTHER NOTIFIED that Gold Star will comply with all applicable
Idaho service quality standards and consumer protection rules, and will abide by the Consumer
Protection Standards established by the Cellular Telephone Industry Association (CTIA)
consumer code. See Application at Exh. H.
YOU ARE FURTHER NOTIFIED that Gold Star states in its Application that
granting it ETC designation is in the public interest. More specifically, Gold Star insists that its
universal service offering will provide consumers in rural eastern Idaho "with the benefits of
increased competitive choice and quality service. . . including high-speed data transmission
capabilities." Application at 14-15. Gold Star further declares that it will also provide customers
with voice mail, three-way calling, call waiting, call forwarding, and several different calling
plans. Id. at 16.
YOU ARE FURTHER NOTIFIED that Gold Star indicates that its designation as an
ETC will have "a nominal impact on the federal (USF) if calculated using the FCC's current
identical support' rule.Id. at 18. Gold Star also asserts that it will serve all customers where it
is able to provide wireless service regardless of the population densities. Consequently, it will
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32066
not be engaged in "cream skimming" by serving only low-cost areas and avoiding high-cost
areas. Id. at 17-18.
NOTICE OF MODIFIED PROCEDURE
YOU ARE FURTHER NOTIFIED that the Commission has determined that the
public interest may not require a formal hearing in this matter and will proceed under Modified
Procedure pursuant to Rules 201 through 204 of the Idaho Public Utilities Commission s Rules
of Procedure IDAPA 31.01.01.201 through .204. The Commission notes that Modified
Procedure and written comments have proven to be an effective means for obtaining public input
and participation.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this
Application may file a written comment in support or opposition with the Commission within
twenty-one (21) days from the service date of this Notice. The comment must contain a
statement of reasons supporting the comment. Persons desiring a hearing must specifically
request a hearing in their written comments. Written comments concerning this Application
shall be mailed to the Commission and Gold Star at the addresses reflected below:
Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Street Address for Express Mail:
Molly O'Leary
Richardson & O'Leary PLLC
PO Box 7218
Boise, ID 83707
Mail: mollyCillrichardsonandoleary.com
472 W. Washington Street
Boise, ID 83702-5918
All comments should contain the case caption and case number shown on the first page of this
document. Persons desiring to submit comments via e-mail may do so by accessing the
Commission s home page located at www.puc.idaho.gov. Click the "Comments and Questions
icon and complete the comment form using the case number as it appears on the front of this
document. These comments must also be sent to Gold Star at the e-mail address listed above.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are
received within the time limit set, the Commission will consider this matter on its merits and
enter its Order without a formal hearing. If written comments are received within the time limit
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32066
set, the Commission will consider them and, in its discretion, may set the same for formal
hearing.
YOU ARE FURTHER NOTIFIED that the Application and supporting exhibits have
been filed with the Commission and are available for public inspection during regular business
hours at the Commission offices. The Application and exhibits are also available on the
Commission s web site at www.puc.idaho.gov by clicking on "File Room" and then "Telephone
Cases.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held
pursuant to the Commission s jurisdiction under Title 62 of the Idaho Code and specifically
Idaho Code ~ 62-61 OD. The Commission may enter any final Order consistent with its authority
under Title 62, Chapter 6.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be
conducted pursuant to the Commission s Rules of Procedure, IDAPA 31.01.01.000 et seq.
ORDER
IT IS HEREBY ORDERED that this Application be processed under Modified
Procedure. Persons interested in submitting written comments regarding this case or protesting
the use of Modified Procedure should do so no later than 21 days from the service date of this
Order.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32066
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
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day of September 20 10.
~/j7JI . EMPTON, P IDENT
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MARSHA H. SMITH, COMMISSIONER
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6--~MACK A. REDFORD MMISSIONER
ATTEST:
~19 ft~le D. Jewell
Commission Secretary
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NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 32066