20130509notice_of_application_order_no_32806.pdf

Office ofthe Secretary
Service Date
May 9,2013
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION )
OF NEW CINGULAR WIRELESS PCS,)CASE NO.NCW-T-13-01
LLC (AT&T MOBILITY)FOR )
CONDITIONAL DESIG ATION AS AN )IOTICE OF APPLICATION
ELIGIBLE TELECOMMUNICATIONS )
CARRIER IN IDAHO )NOTICE OF
)MODIFIED PROCEDURE
_______________________________
)ORDER NO.32806
YOU ARE HEREBY NOTIFIED that on April 24,2013,New Cingular Wireless
PCS.LLC (“AT&T Mobility”or “Company”)filed an Application,pursuant to 47 U.S.C.§
21 4(e)(2).for conditional designation as an eligible telecommunications carrier (“ETC”)in
certain areas1 of Idaho so that it may participate in the Federal Communications Commission’s
(“FCC”)Mobility Fund Phase I (“MFI”)program.AT&T Mobility refers to this Application as
its Application for MFI ETC Designation in order to distinguish it from its existing ETC
designation.
YOU ARE FURTHER NOTIFIED that AT&T Mobility,a wholly owned subsidiary
of AT&T.is a Delaware limited liability company with its principal place of business located in
Atlanta.Georgia.
YOU ARE FURTHER NOTIFIED that AT&T Mobility is a facilities-based wireless
telecommunications carrier providing commercial mobile radio service (“CMRS”)utilizing its
own switching,cell sites,and associated telecommunications facilities in Idaho.
YOU ARE FURTHER NOTIFIED that AT&T Mobility has previously been granted
ETC status in Idaho and the Company states it continues to meet the statutory and regulatory
requirements for ETC designation.
YOU ARE FURTHER NOTIFIED that AT&T Mobility recently petitioned the FCC
for authorization to acquire certain licenses,spectrums and assets from Allied Wireless
Exhibit A of AT&T Mobility’s Application includes a list of the census blocks/areas in Adams,Idaho,Lemhi andValleycounties.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDERNO.32806
(“Allied”),a wholly owned subsidiary of Atlantic Tele-Network,Inc.Last year,the FCC
selected Allied as a winning MFI auction bidder in several census tracts in Idaho.
YOU ARE FURTHER NOTIFIED that AT&T Mobility states that most of Allied’s
winning i\FI bids in Idaho are for census blocks outside of AT&T Mobility’s existing ETC area.
Thus,even if the FCC approves the transfer of Allied’s Idaho licenses and assets to AT&T
Mobility the Company would not be allowed to participate in the MFI program in those former
Allied service areas.For that reason,AT&T Mobility requests that the Commission grant its
Application for conditional designation as an ETC outside of its existing ETC service area and in
the areas formerly served by Allied.
YOU ARE FURTHER NOTIFIED that AT&T Mobility requests that the
Commission condition this MFI ETC designation on:(1)the FCC’s approval of the transfer of
Allied’s licenses and assets to AT&T Mobility;and (2)FCC authorization of MFI support for
AT&T Mobility.If the aforementioned FCC approval is not granted then AT&T Mobility asks
the Commission to declare its Application null and void.
YOU ARE FURTHER NOTIFIED that if the FCC authorizes AT&T Mobility to
receive MFI support in some but not all of the areas listed in Exhibit A,see footnote 1,the
Company asks the Commission to nullify its MFI ETC designation in those areas where AT&T
Mobility is not authorized to receive MFI support.AT&T Mobility’s existing ETC designation
in Idaho (Study Area Code 479006)will not be affected by any such nullification.Additionally,
AT&T Mobility shall have no ETC service obligations associated with its MFI ETC designation
during the period of time between the granting of this conditional designation and either the date
that the FCC deems AT&T Mobility is authorized to receive MFI support or the date that its
designation is rendered null and void.
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 3 1.01.01.201 through .204.The Commission notes that Modified
Procedure and written comments have proven to be an effective means for obtaining public input
and participation.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32806
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 the Applicant at the addresses reflected below:
Commission Secretary Nicole C.Hancock
Idaho Public Utilities Commission Stoel Rives L.L.P,
P0 Box 83720 Attorneys for New Cingular Wireless PCS,LLC
Boise,ID 83720-0074 101 S.Capitol Blvd,Suite 1900
Boise,ID 83702
Street Address for Express Mail:
472 W.Washington Street
Boise,ID 83702-5918
These 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.
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
set,the Commission will consider them and,in its discretion,may set the same for formal
hearing.
YOU ARE FURTHER NOTIFIED that the Application has been filed with the
Commission and is available for public inspection during regular business hours at the
Commission offices.The Application is 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 §S 62-610D.The Commission may enter any final Order consistent with its
authority under Title 62.
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDERNO.32806 3
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 will 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.
,.
ii
DONE by Order of the Idaho Public Utilities Commission at Boise,Idaho this
day of May 2013.
MACK A.REDFOI4,COMMISSIONER
MARSHA H.SMITH,COMMISSIONER
ATTEST:
4i
Jh D.Jewell (I
Cbumission Seretary
O:NCW-T-1 3-Olnp
NOTICE OF APPLICATION
NOTICE OF MODIFIED PROCEDURE
ORDER NO.32806 4