20131204final_order_no_32938.pdf

Office of the Secretary
Service Date
December 4,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF INLAND CELLULAR LLC FOR )CASE NO.INC-T-13-Ol
CONDITIONAL EXPANSION OF ITS )
DESIGNATION AS AN ELIGIBLE )
TELECOMMUNICATIONS CARRIER )ORDER NO.32938
_________________________________________________________________________________________
)
On October 4,2013,Inland Cellular LLC dba Inland Cellular (“Inland”or
“Company”),a subsidiary of Inland Cellular Telephone Corporation (“ICTC”),filed an
Application for conditional expansion of its ETC status in Idaho.The Commission previously
granted ETC status to ICTC in Order No.30212.
On October 17,2013,the Commission issued a Notice of Application and Modified
Procedure establishing a 21-day comment period.See Order No.32909.Commission Staff
(“Staff’)was the only party to submit written comments.
THE APPLICATION
In its Application,Inland noted that the Commission granted ETC status to ICTC in
specified non-rural wire centers in Idaho (“ETC Area”).Inland requests that the Commission
grant a conditional expansion of Inland’s ETC Area to include areas outside its existing ETC
Area for the purposes of establishing eligibility to participate in the Tribal Mobility Fund Phase I
auction to be held by the Federal Communications Commission (“FCC”)on December 19,2013
(“Auction 902”).
Inland states that in order to participate in Auction 902,an applicant must be
designated as an ETC for the areas on which it wishes to bid for Tribal Mobility Fund Phase I
support at the time it submits its Short Form Application.Inland notes that the deadline for Short
Form Applications was scheduled for October 9,2013.However,subsequent conversations with
representatives of the Company revealed that the Company believes this deadline will be pushed
back due to the current “federal government shutdown.”
Inland is a Washington corporation,authorized to do business in the State of Idaho,
with its business offices located in Roslyn,Washington.Inland states that the Tribal Mobility
Fund Phase I,Auction 902,will award one-time support to carriers that commit to provide 3G or
better mobile voice and broadband services to Tribal lands,specific census tracts and census
ORDER NO.32938 1
blocks,that have been identified by the FCC as lacking such services.Support will be allocated
to maximize the population covered by new mobile services.
Inland says that Auction 902 will make the award of funds through reverse
competitive bidding;the winning bidder complying with all requirements of an ETC and
covering 75%or more of the population associated with the eligible blocks in each bidding area
for which it receives funds.
Inland states that it continues to meet the minimum eligibility requirements for
designation as an ETC in Idaho including,but not limited to:common carrier status;offers
services supported by federal universal service support mechanisms;utilizes its own facilities to
provide the supported services;provides the supported services throughout its designated service
area;advertises the availability of its universal service offerings and charges for such offerings
using media of general distribution;makes Lifeline service available to qualifying low-income
consumers;and meets additional application requirements as required.
Inland believes that granting its Application for conditional expansion of its ETC
service area to include census blocks outside its existing ETC Area is in the public interest.
Inland asserts that Tribal Mobility Fund Phase I support will allow the Company to provide
Tribal consumers with competitive pricing,new services,a higher level of service quality,and
great customer service.
In addition to the conditional expansion of its ETC status prayed for above,the
Company requests that the Commission send the appropriate notice of its Order designating
Inland as an ETC for census tracts and/or census blocks outside its existing ETC Area to the
FCC and Universal Service Administrative Company,and such other relief as appropriate.
STAFF COMMENTS
Staff reviewed Inland’s Application for conditional designation as an ETC for areas
outside of its existing ETC area.Staff confirmed that Inland is seeking conditional designation
for the purpose of participating in the Tribal Mobility Fund Phase IlAuction 902 and only in the
areas in which it is awarded Tribal Mobility Fund support.
Staff believes that Inland possesses the requisite financial and managerial
requirements and skills necessary to operate as an ETC.Staff believes Inland’s Application for
conditional ETC designation in the unserved census blocks in Idaho is in the public interest and
recommended approval of the Application.
ORDER NO.32938
Staff noted that Inland’s Application for conditional ETC designation is in service
areas/census blocks that are under-served where no other carriers currently provide a 3G or
broadband network.According to Staff,this fact alone suggests that the public interest would be
served if Inland is given the opportunity to deploy services to these unserved areas.
Staff reviewed other public interest considerations and believes Inland satisfies the
public interest analysis.Staff verified that the Company is remitting ITSAP fees to the ITSAP
program Administrator.Inland states that it has the ability to remain functional in emergency
situations.The Company claims that it has a reasonable amount of backup power to ensure
functionality without an external power source,is able to re-route traffic around damaged
facilities,and is capable of managing traffic spikes resulting from emergency situations.
Additional requirements for ETC designation are detailed in Appendix 1 of Order No.
29841 and discussed more fully below:
1.Common Carrier Status.Inland is a commercial mobile radio services
(CMRS)carrier providing “mobile service”as defined in 47 U.S.C.§
153(27).
2.Provision of Universal Service.Inland offers the federally-designated
services listed at 47 U.S.C.§54.10(a).
3.Advertising.Inland will advertise the availability and pricing of its
universal service offering.
4.The Commitment and Ability to Provide Supported Service.Inland
commits to provide all of the supported services throughout its designated
service area as required.
5.Commitment to Consumer Protection and Service.Inland will satisfy
applicable consumer protection and service quality standards in
accordance with 47 C.F.R.§54.202(a)(l)(i)and the IPUC ETC
Requirements Order.
6.Description of the Local Usage Plan.Inland’s service offerings are
comparable to the offerings of the incumbent local exchange carrier
(ILEC),taking into consideration all of its service attributes and the
ILEC’s service offering.
7.Tribal Notification.Inland will comply with this requirement.Inland
submitted a copy of its application to the Coeur d’Alene and the Nez Perce
Tribes of Idaho.
ORDER NO.32938 3
COMMISSION FINDINGS
The Commission reviewed Inland’s Application seeking conditional expansion of its
ETC designation in select unserved census blocks in Idaho in order to participate in the FCC’s
upcoming Tribal Mobility Fund Phase I auction.The Commission finds that Inland has
demonstrated that it satisfies the technical requirements for ETC designation set forth in 47
U.S.C.§214(e)(1)and Commission Order No.29841.See Order No.32319.The Commission
finds that granting Inland’s request for conditional expansion of its ETC status in those select
ETC Areas in order to facilitate the deployment of broadband and voice services in heretofore
unserved areas in Idaho is in the public interest. The expansion of broadband and voice services
throughout Idaho will provide direct and substantial benefits to Idaho residents.Therefore,the
Commission approves Inland’s Application for conditional expansion of its ETC Area.
ORDER
IT IS HEREBY ORDERED that the Application of Inland Cellular LLC for
conditional expansion of its ETC Area in Idaho is approved.
IT IS FURTHER ORDERED that the conditional expansion of Inland’s ETC Area to
include areas outside its existing ETC Area shall be conditioned upon Inland Cellular winning
support from the Tribal Mobility Fund Phase I auction.Inland Cellular shall be deemed an ETC
outside of its existing ETC Area only in the areas in which it is awarded Tribal Mobility Fund
Phase I support.
THIS IS A FINAL ORDER.Any person interested in this Order may petition for
reconsideration within twenty-one (21)days of the service date of this Order.Within seven (7)
days after any person has petitioned for reconsideration,any other person may cross-petition for
reconsideration.See Idaho Code §61-626.
ORDER NO. 32938 4
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of December 2013.
//•/
_____________—
PAUL ISELLANDER’PRESIDENT
MACK A.REDFORD,CMMISSIONER
(L4tL
MARSHA H.SMITH,COMMISSIONER
ATTEST:
Jn D.JewelQ
commission Secretary
O:1NC-T-13O1_np2
ORDER NO.32938 5