20131008Petition.pdf

[ry-]n ?Exr=#lt$
October 3,2013
VIA UPS OVERNIGHT MAIL
Ms. Jean Jewell, Commission Secretary
Idaho Public Utilities Commission
PO Box 83720
472West Washington
Boise, ID 83720-0074
Suite 2400
1300 SW Fifth Avenue
Portland, OR 97201-5630
Msrk P. Trinchero
503.778.5318 tel
503.778.5299fu<
marktri nchero@dwt. com
Re: In the Matter of the Petition of Inland Cellular for Conditional Expansion of its Eligible
Telecommunications Carrier Designation Under 47 USC Section 214(eX2)
Dear Ms. Jewell:
Enclosed for filing in the above-referenced matter are the original and seven copies of Petition of
Inland Cellular for Conditional Expansion of its Eligible Telecommunications Carrier Area and
Request for Expedited Consideration
Also enclosed is a confirmation card that I ask be completed as to the date of filing and retumed.
Should you have any questions regarding this filing, please contact me.
Very truly yours,
Davis Wright Tremaine LLP
MPT/jan
Enclosures
cc: Service List
DWT 227 l22l 4v I 0050033 -004795
/l/C-T- t3'O I
I Anchorage
I B"tt.rr.
I Lo=Anq"l""
I NewYork
I eo.tana
I San Francisco
Seattle
Shanghai
Washington, D.C.ww.dwt.com
Mark P. Trinchero, OSB#883221
DAVIS WRIGHT TREMAINE LLP
1300 SW Fifth Avenue, Suite 2400
Portland, OR 97201 -5630
Telephone: [phone] I 8
Facsimile: 503-778-5299
marktrinchero @dwt.com
.. _:
aI:- ^.-:-i
In the Matter of the Petition of
Inland Cellular
For Conditional Expansion of Its
Eligible Telecommunications Carrier
Designation Under 47 U.S.C. $ 2la(eX2)
caseNo. luur-13-o I
PETITION OF INLAND CELLULAR
FOR CONDITIONAL EXPANSION
OF ITS ELIGIBLE
TELECOMMUNICATIONS CARRIER
AREA & REQUEST FOR EXPEDITED
CONSIDERATION
)
)
Inland Cellular LLC (dlblalnland Cellular) ("Inland Cellular"), hereby petitions the
Idaho Public Utilities Commission ("Commission") for modification of Order No. 302l2t,in
which the Commission designated Inland Cellular Telephone Company ("ICTC")2 an Eligible
Telecommunications Carrier ("ETC") in specified non-rural wire centers in Idaho ("ETC Area").
Inland Cellular requests that the Commission grant a conditional expansion of Inland Cellular'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 Cellular
further requests expedited consideration of this Petition in order to satisff the FCC's Auction 902
Short-Form Application requirement that an applicant must be designated as an ETC for the areas on
I See In the Matter of the Petition of Inland Cellular Telephone Companyfor Designation as an Eligible
Telecommunicotions Carrier 47 U.S.C. $ 2U(e)(2), Case No. INC-T-06-02, Order No. 30212 ("2006lnland
Cellular ETC Order").
2 Inland Cellular Telephone Company filed its petition on behalf of Washington RSA No. 8 Limited Partnership
(d/b/a Inland Cellular) (study area code ("SAC") 479007).
Page I _ INLAND CELLULAR,S PETITION FOR DONCITIONAKL EXPANSION OF ITS ETC CARRIER
AREA AND REQUEST FOR EXPEDITED CONSIDERATION
DW T 227 09023v I 0050033 -004795
which it wishes to bid for Tribal Mobility Fund Phase I support at the time it submits its Short
Form Application.3 The deadline for Short Form Applications is currently scheduled for
October 9,2013.4
I. Modification - Name and Address of Petitioner
l. The name and address of Petitioner is Inland Cellular LLC, 103 South 2'd Street,
P.O. Box 688, Roslyn, Washington 98941. James K. Brooks shall be the designated
representative with the same mailing address as Petitioner. Official documents to be sent
electronically are to be sent to [e-mail].
2. The original petition for ETC designation in Commission Case No. INC-T-06-02
was filed by ICTC as general partner of and on behalf of Washington RSA No. 8 Limited
Partnership ("WA8LP") (dlblalnland Cellular). In late December of 2012,ICTC purchased the
remaining limited partnership interest in WA8LP. ICTC formed a subsidiary called Inland
Cellular LLC (dlbla Inland Cellular) and by petition to the FCC in January of 2013, the cellular
licensess for WA8LP were transferred to Inland Cellular LLC; shortly thereafter, all assets,
liabilities, revenues and expenses of WA8LP were transferred to Inland Cellular LLC.
U. Changes in Universal Support.
l. The Ordering clause in the 2006 Inland Cellular ETC Order states:
IT IS HEREBY ORDERED that Inland Cellular Telephone
Company's P etition for eligibl e telecommunic ations caruier
designation as to the non-rural wire centers setforth in Exhibit B
therein is granted.
3 See Tribal Mobility Fund Phase I Auction Rescheduled for December 19,2013;Notice and Filing Requirements
and Other Procedures for Auction 902, Public Notice, AU Dockets No. l3-53; DA 13-1672,para. 107.
a The FCC has suspended the Short-Form Application filing window due to the Govemment-wide lapse in funding
and will announce changes, if any, to the previously scheduled deadline by public notice "soon after resumption of
regular [FCC] operations. See Tribal Mobility Fund Phase I Auction (Auction 902) Short-Form Application Filing
Window Suspended, Public Notice, AU Docket No. l3-53, DA l3-201 (October l, 2013).
s See petition of Inland Cellular Telephone Company, In the Matter of the Petition of Inland Cellular for
Designation as an Eligible Telecommunications Carrier 47 U.S.C. $ 2 I a@)@,at a.
PAge2 - INLAND CELLULAR'S PETITION FOR DONCITIONAKL EXPANSION OF ITS ETC CARRIER
AREA AND REQUEST FOR EXPEDITED CONSIDERATION
DWT 227 09023v I 0050033 -004795
ffid,
IT IS FURTHER ORDERED that the Petition as to the partial
rural wire centers and the rural wire centers setforth in Exhibits C
and D therein is denied.
2. From its implementation until December 31, 20tI, Universal Service Support for
Competitive Eligible Telecommunications Carriers was based on the incumbent local exchange
carriers' level of support for these exchanges/wire centers. This has been referred to as the
Identical Support Rule. The FCC eliminated the Identical Support Rule6 and froze identical
support as of December 3 I , 201I , and started a five-year phase-out of this support which
commenced on July 1,2012.
3. To replace this support for mobile providers, the FCC intends to implement
Mobility Fund Phase II7 which will not be dependent on incumbent local exchange carriers' level
of support for these exchanges/wire centers. Instead, it will be predicated on FCC designated
eligible geographic areas and whether the area funded is within the ETC mobile carrier's
licensed service territory.
III. Tribal Mobility Phase I.
1. Tribal Mobility Fund Phase I, Auction 902, will award one-time support to
carriers that commit to provide 3G8 or better mobile voice and broadband services to Tribal lands
that have been identified by the FCC that lack such services.e Support will be allocated to
maximize the population covered by new mobile services without exceeding the budget of 50
million dollars.
6 See Report and Order and Further Notice ofProposed Rulemaking, FCC I 1-161, at 29, 498, 519-520.
7 See Report and Order and Further Notice ofProposed Rulemaking, FCC I 1-161, at 28, 49j-532.t The FCC has defined 3G service as at least 5Okbps up and 200kbps down at vehicle speeds; 4G must be at least
200kbps up and 768kbps down at vehicle speeds.
' flsf/rcC Transformation Order, 26 FCC Rcd at 17818-23, Paras. 479-91.
Page 3 _ INLAND CELLULAR'S PETITION FOR DONCITIONAKL EXPANSION OF ITS ETC CARRIER
AREA AND REQUEST FOR EXPEDITED CONSIDERATION
DWT 227 09023v I 0050033-004795
2. The FCC has identified the applicable census tracts and census blocks within
Tribal lands that lack service. 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 percent or more of the population associated with the eligible blocks in each bidding
area for which it receives funds.
ry. F'CC Short-X'orm Application Requirements
In order to participate in Auction902, 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.lo The FCC has identified census blocks and tracts in Idaho that are
eligible for Tribal Mobility Fund Phase I support.rr These eligible areas in Idaho include census
blocks within Inland Cellular's ETC Area and census blocks that are outside Inland Cellular's
ETC Area. In order for Inland Cellular to participate in Auction902, it must have conditional
ETC designation for the eligible census blocks outside its ETC Area. Accordingly, Inland
Cellular seeks an Order from the Commission granting ETC designation for any areas outside
Inland Cellular's ETC Area for which Inland Cellular wins Tribal Mobility Fund Phase I
support.12
V. Inland Cellular Continues to Satisfy the Requirements for ETC Designation
As demonstrated herein, and as previously determined by the Commission,l3 Inland
Cellular meets the requirements for designation as an ETC as established under federal law,l4
r0 See Tribal Mobility Fund Phase I Auction Rescheduled for December 19,2013;Notice and Filing Requirements
and Other Procedures for Auction 902, Public Notice, AU Dockets No. l3-53 ; DA 13-1672, para, 107 .tt See Id. at Attachment A-2.t'The Commission granted similar conditional ETC designation to T-Mobile West LLC ("Inland Cellular") in Order
No. 3251, in Case No. TMW-T-10-01, so that T-Mobile could participate in FCC Auction 901 (Mobility Fund Phase
I auction).
t3 See 2006lnland Cellular ETC Order.
t4 47 u.s.c. g 2la(eXl).
Page 4 - INLAND CELLULAR'S PETITION FOR DONCITIONAKL EXPANSION OF ITS ETC CARRIER
AREA AND REQUEST FOR EXPEDITED CONSIDERATION
DWT 227 09023v I 0050033-004795
Federal Communications Commission ("FCC") rules,15 and applicable Idaho requirements.16 In
particular, Inland Cellular:
f . is a common carier;17
2. will offer the_services supported by federal universal service support
mechanisms;18
3. will use its own facilities to provide the supported services;'e
4.
5.
6.
7.
will provide the supported services throughout its designated service
area;20
will advertise the availability of its universal service offerings and charges
for such offerings using media of general distribution;"
will make Lifeline service available to qualifying low-income
consumers;22
will meet the additional application requirements:
certify that it will comply with the service requirements applicable
to the support that it receives;23
be able to remain functional in emergency situations;2a
satisfu consumer protection and service quality standards;2s
provide local usage plans comparable to the incumbent local
exchange carriers (ILECs) already operating in the proposed
area;26
provide notice to affected tribal governments or tribal regulatory
authorities.2T
a)
b)
c)
e)
f)
ts 47 C.F.R. g 54.201(d). lnits USF/ICC Transformation Order,the FCC modified the required supported services in 47 C.F.R.
$ 54.101 and the additional requirements for designation as an ETC in 47 C.F.R. $ 54.202.t6 See In the Matter of the Application of WWC Holding Co., Inc. dba CellularOne Seeking Designation as an Eligible
Telecommunications Carrier That May Receive Federal Universal Service Support, Order No. 29841, Appendix pp. l-3 (IPUC
Case No. WST-T-05-1, served August 4,2005) ('IPUC ETC Requirements Order").
'? 42 u.s.c. g 2la(eXl); 47 c.F.R. g 54.201(d).
'8 47 U.S.C. $ 2la(eXl)(A); 47 C.F.R. $$ 54.201(dXl) and 54.405.
re 47 u,s.c. g 2la(eXl)(A); 47 c.F.R. $ 54.201(dXl).
20 42 u.s.c. g 2ra(e)(r); 42 c.F.R. g 54.201(d).2'47 u.s.c. g 2ra(eXr)(B); 42 c.F.R. g 54.201(dX2).
22 47 C.F.R. g 54.405; see also In the Matter of Lifeline and Link Up Reform and Modernization, Report and Order and Further
Notice of Proposed Rulemaking,WC Docket No. 1I-42,FCC l2-l I, released February 6,2012 ("Lifeline Reform Order"). The
FCC adopted comprehensive reforms to the federal low-income program, including steps to limit fraud, waste and abuse within
the program.
23 47 c.F.R. 1; 54.202 (a)(lXi).
24 47 C.F.R, $ 5a.202(aX2); IPUC ETC Requirements Order, App., at 3.
25 47 C.F.R. $ 5a.202(aX3); IPUC ETC Requirements Order, App., at 3.
26 IPUC ETC Requirements Order, App., at 3, In the USF/ICC Reform Order, the FCC eliminated the additional requirement of
offering local usage, but Inland Cellular will continue to meet this requirement to the extent it is still required do so in Idaho.
Page 5 - TNLAND CELLULAR,S PETITION FOR DONCITIONAKL EXPANSION OF ITS ETC CARRIER
AREA AND REQUEST FOR EXPEDITED CONSIDERATION
DWT 227 09023v I 0050033-004795
8. will comply with all applicable reporting requirements'r28
Furthermore, lnland Cellular's conditional designation as an ETC serves the public interest by
expanding the availability of next generation networks, if Inland Cellular receives Mobility Fund
Phase I support, which will increase customer choice and service availability and make available
to consumers new service offerings, including wireless broadband and Lifeline services.2e
Therefore, in granting the additional conditional ETC designations requested in this Petition, the
Commission will further advance the public interest by permitting Inland Cellular to participate
in Auction 902 and thereby, if it is the successful bidder, allow Inland Cellular to bring enhanced
service offerings and broadband wireless and Lifeline services to unserved Tribal areas where it
is licensed to provide service.
VI. Inland Cellular Meets the Additional Requirements for Designation as an ETC
1. Certifu Compliance With Applisable Service Requirements
Inland Cellular will serve all consumers within its ETC service area, and certifies that it
will comply with the service requirements applicable to the support that it receives, consistent
with 47 C.F.R. $ sa.202(a)(1Xi).
2. Ability to Function in Emergency Situations
Inland Cellular has the "ability to remain functional in emergency situations."30 Inland
Cellular has a reasonable amount of back-up 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.
27 Id. atz.
28 See IPUC ETC Requirements Order, App., at 3-4.
2e 42 u.s.c. g 2la(eX2).
30 47 C.F.R. g 5a,202(aX2); IPUC ETC Requirements Order, App., at 3;2006 Inland Cellular ETC Order at 10.
Page 6 - INLAND CELLULAR'S PETITION FOR DONCITIONAKL EXPANSION OF ITS ETC CARRIER
AREA AND REQUEST FOR EXPEDITED CONSIDERATION
DWT 227 09023v I 00 50033 -004795
3. Consumer Protection and Service Qqality Standards
Inland Cellular will satisff applicable consumer protection and service quality standards
in accordance with 47 C.F.R. $ 5a.202(a)(3) and the IPUC ETC Requirements Order.3r Inland
Cellular is a strong supporter of and abides by the CTIA-The Wireless Association's@ Consumer
Code for Wireless Service ("Consumer Code").
4. Comparable Local Usage
Inland Cellular's service offerings are comparable to the offerings of the ILECs, taking
into consideration all of the attributes of its and the ILECs' service offerings.32 In the 2006
Inland Cellular ETC Order, the Commission concluded that Inland Cellular satisfies this
requirement.33
5. Make Available Lifeline Service To Eligible Low-Income Consumers
Upon designation as an ETC and receipt of Tribal Mobility Fund Phase I support, Inland
Cellular will make available to qualified low-income consumers a discounted service offering
that meets all applicable Lifeline requirements.
V[. Designating Inland Cellular As an ETC Is In the Public Interest
Inland Cellular meets all of the requirements for designation as an ETC by providing the
supported services, committing to serve all consumers throughout its designated service area,
offering a Lifeline service consistent with all applicable requirements, advertising the availability
of its universal service offerings, and furthering the goals of the universal service program.
Moreover, conditional designation of Inland Cellular as an ETC for census blocks outside its
existing ETC Area is in the public interest because, if Inland Cellular is successful in obtaining
3r See IPUC ETC Requirements Order, App., at 3.32 In its IJSF/ICC Transformation Order,the FCC eliminated the requirement to offer local usage comparable to the ILEC
o-fferings. Nevertheless, to the o(tent it is still required, Inland Cellular will comply.
" 2006lnland Cellular ETC Order at l0-l L
PageT _ TNLAND CELLULAR,S PETITION FOR DONCITIONAKL EXPANSION OF ITS ETC CARRIER
AREA AND REQUEST FOR EXPEDITED CONSIDERATION
DWT 227 09023v I 0050033 -004795
Tribal Mobility Fund Phase I support, Tribal consumers will benefit from competitive pricing,
new services, a higher level of service quality, and great customer service.
Granting Inland Cellular conditional ETC designation for census blocks outside its
existing ETC Area will allow Inland Cellular to participate in the FCC's Auction 902 and bid to
serve portions of Idaho Tribal lands that currently do not have access to 3G or better mobile
wireless services. Idaho Tribal consumers will benefit if Inland Cellular is successful in winning
support from the FCC's Mobility Fund. This will lead to: (i) customer choice for basic and
advanced communications needs; (ii) new service offerings with competitive pricing, services,
and features; and (iii) construction and operation of telecommunications facilities and services in
unserved Tribal areas of the state to deploy 3G or better networks.
The benefits of competition are widely recognized and extend to all markets, as
recognized by the FCC:
We note that an important goal of the Act is to open local
telecommunications markets to competition. Designation of
competitive ETCs promotes competition and benefits consumers in
rural and high-cost areas by increasing customer choice, innovative
services, and new technologies. We agree with Western Wireless
that competition will result not only in the deployment of new
facilities and technologies, but will also provide an incentive to the
incumbent rural telephone companies to improve their existing
network to remain competitive, resulting in improved service to
Wyoming consumers [consumers in the proposed ETC service
area]. In addition, we find that the provision of competitive
service will facilitate universal service to the benefit of consumers
in Wyoming by creating incentives to ensure that quality services
are available at'Just, reasonable, and affordable rates."3a
If Inland Cellular obtains Tribal Mobility Fund Phase I support, Inland Cellular's
conditional designation as an ETC for census blocks outside its existing ETC Area will result in
saln the Matter of the Federal-State Joint Commission on (Jniversal Service, Western Wireless Corp. Petitionfor Designation as
an Eligible Telecommunications Carrier in the State of lVyoming, CC Docket No.96-45, Memorandurn Opinion and Order,DA
00-2896, ![ l7 (released December 26,2000).
Page 8 - INLAND CELLULAR'S PETITION FOR DONCITIONAKL EXPANSION OF ITS ETC CARRIER
AREA AND REQUEST FOR EXPEDITED CONSIDERATION
DWT 227 09023v I 0050033-004795
Tribal consumers having greater access to wireless telecommunications services, thereby
advancing the basic goal of preserving and advancing universal service. Congress established a
competitive universal service framework to expand the level of competition among carriers
vying for the business of consumers based on price, service offerings, coverage, and service
quality. Inland Cellular offers consumers competitive service offerings and high-quality
customer service, and through its potential entry into additional universal service markets, more
Idaho Tribal consumers may now have greater access to all of these benefits. The wireless
service that Inland Cellular offers will provide these additional Tribal customers with an
affordable alternative to traditional telecommunications service.
V[I. Conclusion
l. The Commission has designated Washington RSA No. 8 Limited Partnership
(d/b/a Inland Cellular) as an ETC in non-rural wire centers. With the changes in Universal
Service Support, Inland Cellular now requests that the Commission:
A) Acknowledge the rurme change to Inland Cellular LLC (Nblalnland
Cellular) (SAC 479007) (formerly Washington RSA No. 8 Limited
Partnership);
B) Designate Inland Cellular as an ETC in areas outside its existing ETC
Area conditional upon Inland Cellular winning support from the Tribal
Mobile Fund Phase I auction, such that 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;
Page 9 - INLAND CELLULAR'S PETITION FOR DONCITIONAKL EXPANSION OF ITS ETC CARzuER
AREA AND REQUEST FOR EXPEDITED CONSIDERATION
DwT 227 W023v I 0050033 -004795
C) Send the appropriate notice of the Order designating Inland Cellular as an
ETC for census tracts and/or census blocks outside its existing ETC Area
to the FCC and Universal Service Administrative Company; and,
D) Order such other relief as may be appropriate.
2. Inland Cellular respectfully requests that the Commission issue the requested
relief on an expedited basis. With the short forms for the Tribal Mobility Fund Phase I Auction
due to the FCC by October 9,2013 (uncertain whether this will be delayed with the Federal
Government shut-dou.n), Inland Cellular requests expedited treatment of this Petition.
Dated this 3'd day of October, 2013.
Respectfu lly submitted,
DAVIS WRIGHT TREMAINE LLP
DAVIS WRIGHT TREMAINE LLP
1300 SW Fifth Avenue, Suite 2400
Portland, Oregon 97201
Telephone: [phone] I 8
Facsimile: 503-778-5299
Email : [e-mail]
Attorneys for Inland Cellular LLC
Page I0-INLAND CELLULAR'S PETITION FORDONCITIONAKL EXPANSION OF ITS ETC CARRIER
AREA AND REQUESTFOR EXPEDITED CONSIDERATION
DWT 227 09023v I 005 0033-004795
CEBTIFICATE OF SERVICE
I hereby certify that, on October 3,2013,I caused to be served, via the method(s)
indicated below, true and conect copies of the foregoing document upon:
Page I - CERTIFICATE OF SERVICE
DWT 227 09023v I 0050033 -004795
Ms. Jean Jewel, Executive Secretary
Idaho Public Utilities Commission
472 W . Washington Street
Post Office Box 83720
Boise,Idaho 83702
Hand Delivered
U.S. Mail
Fax
UPS
Email
U
UU
lxl
lxl
Nez Perce Tribal Executive Committee
Silas C. Whitman, Chairman
Post Office Box 305
Lapwai,Idaho 83540
Hand Delivered
U.S. Mail
Fax
UPS
Email
U
lxl
UUU
Frontier Communications Northwest, Inc.
Carl Gipson, Director-State Gov. Relations
1800 41't Street
wA0105RA
Everett, Washington 98206
Hand Delivered
U.S. Mail
Fax
UPS
Email
U
lxl
U
U
U
The Coeur d'Alene Tribe
Chief J. Allen, Tribal Chairman
850 A Street
Post Office Box 408
Plummer,Idaho 83851
Hand Delivered
U.S. Mail
Fax
UPS
Email
U
lxl
U
U
U
Inland Telephone Company
Douglas Weis, President
Post Office Box l7l
Roslyn, Washington 98941
Hand Delivered
U.S. Mail
Fax
UPS
Email
U
lxl
U
U
U
Davis Wright Tremaine LLP
Avenue, Suite 2400
Email: [e-mail]