20130402final_order_no_32775.pdf

Office of the Secretary
Servlce Date
Aprl l 2, 20 13
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF NEXUS COMMUNICATIONS, INC. ) CASE NO. NCI-T-11-01
FOR DESIGNATION AS AN ELIGIBLE 1
TELECOMMUNICATIONS CARRIER ) ORDER NO. 32775
1
On April 6, 201 1, Nexus Communications, Inc. ("NCI" or "Company") filed an
Application, pursuant to 47 U.S.C. 5 214(e)(6) of the Communications Act of 1934 ("the Act"),
47 C.F.R. 5 54.201 et seq., and Order No. 29841, seeking designation as an eligible
telecommunications carrier ("ETC") in the State of Idaho for the sole purpose of receiving
LifelineILink-up ("Low-Income") support. Application at 1.
On September 27, 2012, the Company filed amendments to its original Application
describing how NCI will comply with the new requirements in the Federal Communication
Commission's ("FCC") rules for the Lifeline Universal Service program instituted by the FCC's
November 18, 201 1 ("Connect America Fund Order") and February 6, 2012 ("Lifeline Reform
Order") Orders.
On January 22, 2013, the Commission issued a Notice of Application and Modified
Procedure with a 2 1 -day comment period. See Order No. 327 17.' Commission Staff ("Staff ')
was the only party to submit written comments regarding the Company's Application.
THE APPLICATION
NCI is an Ohio corporation with its principal place of business in Lewis Center, Ohio.
Id., Exh. B. NCI has been issued a Certificate of Authority by the Idaho Secretary of State. Id.,
Exh. C. In its Application, the Company states that it will not seek or accept high-cost support.
Id. The Company included its proposed designated service area in Idaho. Id., Exh. A. The
Company has already received ETC designation in 20 states. Id. at 2. NCI states that it will
serve its Idaho consumers through wireless technology, i.e., commercial mobile radio service
("CMRS"). Id.
NCI will provide its supported services (Voice Grade Access, Local Usage, Dual
Tone Multi-Frequency Signaling or Functional Equivalent, Single Party Service or Functional
1 The established comment period was subsequently extended to March 20, 2013, pursuant to Order No. 32749.
Staff was the only party to submit comments regarding the Company's Application.
ORDER NO. 32775 1
Equivalent, Access to Emergency, Operator, and Interexchange Services, Access to Directory
Assistance, and Toll Limitation for Qualifying Low Income Consumers) through a combination
of its own facilities or through the resale of another carrier's services. Id. at 4-6. NCI believes
that approval of its Application is in the public interest because the Company will provide
increased "access to basic telecommunications services for low-income individuals. . . ." Id. at
9.
In its Amended Application, NCI declared that it received a Forbearance from the
Facilities Requirement of Section 47 U. S.C. tj 214(e)(l)(A) conditioned upon FCC approval of a
compliance plan. Amended Application at 6. On December 31, 2012, the Company submitted
its Third Amended Compliance Plan filed with the FCC and the Public Notice announcing the
FCC Wireline Competition Bureau's acceptance of NCI's Compliance Plan. 'The Company also
filed a Second Amendment to its Application describing how it will comply with several new
eligibility and certification requirements instituted by the FCC for the Lifeline Universal Service
program.
STAFF ANALYSIS AND RECOMMENDATION
Staff has reviewed NCI's request for ETC designation in the 76 non-rural wire
centers identified in Exhibit A of the Application along with the Company's FCC-approved
Compliance Plan. Staff analyzed the Company's Application to verify compliance with the
requirements of the federal 'Telecommunications Act of 1996, the Lifeline and Link-Up Reform
and Modernization Order and Commission Order No. 29841.
Staff believes that the Application demonstrates the Company's commitment to fulfill
the obligations of an ETC in Idaho. Staff believes that NCI will provide universal service
supported by the federal lJSF throughout its service territory; the Company has addressed all of
the public interest questions required by the Commission for an ETC application; the Company's
compliance plan has been approved by the FCC; the Company will provide multiple pricing
plans which will increase customer choice for low-income service in Idaho; and the Company
demonstrates that it has the financial capability to provide lifeline service. Additionally, NCI
confirms that it will make appropriate contributions to the ITSAP and IECA funds.
The Company states that it will provide all universal services supported by the federal
USF throughout its territory; and the Company will provide multiple pricing plans which will
increase customer choice for low-income service. Therefore, Staff believes NCI's Application
ORDER NO. 32775
for designation as an ETC is in the public interest and should be approved for those wire centers
listed in Exhibit A of the Company's initial Application.
COMMISSION FINDINGS AND DECISION
The Commission has reviewed NCI's Application, attached exhibits and Staff
comments. The Commission approves the Company's request for designation as a Lifeline-only
ETC in Idaho in those wire centers listed in Exhibit A of its Application. Based upon our review
of the Application and comments, we find that NCI's Application demonstrates a commitment to
fulfill the obligations of a Lifeline-only ETC in Idaho.
The Commission finds that NCI will provide all universal services supported by the
federal USF throughout its proposed service territory and has adequately addressed the public
interest standards. We further find that granting ETC status to NCI "will benefit consumers by
offering services of another competitor and may be beneficial to eligible recipients of Idaho's
Telecommunications Service Assistance Program (ITSAP) or Lifeline service." Order No.
30360 at 8. We further find that NCI will contribute to the ITSAP and IECA funds.
Therefore, the Commission hereby approves NCI's Application for Lifeline-only
ETC designation so that it may receive support from the federal USF. We further find that it is
appropriate to waive ETC reporting requirements related to the network improvement plan,
progress reports, and usage certification of the high-cost funds.
O R D E R
IT IS HEREBY ORDERED that the Application of Nexus Communications, Inc. for
designation as an eligible telecommunications carrier (ETC) in Idaho is approved.
THIS IS A FINAL ORDER. Any person interested in the Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order with regard to any
matter decided in this Order. Within seven (7) days after any person has petitioned for
reconsideration, any other person may cross-petition for reconsideration. See Idaho Code (j 61-
626.
ORDER NO. 32775
.a Ah! DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this t,
day of April 20 13.
MARSHA H. SMITH, R OM MISSIONER
ATTEST:
~ h d n D. ~ e w e l l u
~drnmission Secretary
ORDER NO. 32775