20130111Decision Memo.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER REDFORD
COMMISSIONER SMITH
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL

FROM: NEIL PRICE
DEPUTY ATTORNEY GENERAL

DATE: JANUARY 10, 2013

SUBJECT: APPLICATION OF NEXUS COMMUNICATIONS, INC. FOR
DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS
CARRIER, CASE NO. NCI-T-11-01

On April 6, 2011, Nexus Communications, Inc. (“Nexus” or “Company”) filed an
Application, pursuant to 47 U.S.C. § 214(e)(6) of the Communications Act of 1934 (“the Act”),
47 C.F.R. § 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
Lifeline/Link-up (“Low-Income”) support. Application at 1.
On September 27, 2012, the Company filed amendments to its original Application
describing how Nexus 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, 2011 (“Connect America Fund Order”) and February 6, 2012 (“Lifeline Reform
Order”) Orders.
THE APPLICATION
Nexus is an Ohio corporation with its principal place of business in Lewis Center,
Ohio. Id., Exh. B. Nexus 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. Nexus states that it
will serve its Idaho consumers through wireless technology, i.e., commercial mobile radio
service (“CMRS”). Id.
DECISION MEMORANDUM 2
Nexus will provide its supported services (voice grade access; local usage; dual tone
multi-frequency signaling or functional equivalent; single-party service or functional 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. Nexus believes that approval of its
Application for an ETC in Idaho 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, Nexus declared that it has received a forbearance from
the Facilities Requirement of Section 47 U. S.C. § 214(e)(1)(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 Nexus’ Compliance Plan.
COMMISSION DECISION
Does the Commission wish to process Nexus’ Application for designation as an ETC
through Modified Procedure with a corresponding 21-day comment period?

M:NCI-T-11-01_np